Terms of service.
Terms and Conditions of Use
Introduction
Welcome to Meg Fine Art. The Terms and Conditions of Use (“Terms”) are an agreement between you (“you” or “your” or “user”) and Meg Fine Art (“us” or “our” or “we”) that govern your access to and use of the Meg Fine Art website (“ website” or “content”), products and services (“Services” or “works of art” or “works” or “product”). By accessing this website and using our services in any way, you agree to be bound by and comply with these Terms and any further terms that we may prescribe from time to time. Please read the terms and conditions carefully. If you do not agree to these Terms, you are not permitted to access or use our services.
If you have questions or concerns regarding this policy, you can contact us at:
Email: info@megfineart.com.au
Post: 1 Conlan Street, Nudgee, Queensland 4014
Australia
Use of this website
1.a.) You may only use this website to browse its content and make legitimate purchases of works of art available for sale on the website. You may not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
1.b.) By accessing this website, you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party.
1.c.) You agree not to use this website in any manner that could damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the website.
1.d.) You agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the website through hacking, password mining or any other means.
1.e.) You agree not to use this website for any illegal or unauthorised purpose. You may not post advertisements or links to any other websites, including but not limited to social networking sites.
1.f.) You are not allowed to use our services if you are a person under the age of 12 (twelve).
1.g.) You may need to register for a Meg Fine Art account in order to use some of our services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
1.h.) You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our services.
1.i.) Some of our services may be accessible on mobile devices. You agree not to use those services in a way that distracts you and prevents you from complying with any traffic or safety laws.
Copyright and Intellectual Property Rights
2.a.) All content, logos, photographs, artwork, designs, interactive, audio, video, concepts and any other media used on this website remain the property of Meg Fine Art. It may not be used, reproduced or distributed in any way without written permission from Meg Fine Art.
2.b.)Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any content in any way without express prior written permission from us.
2.c.) Any commercial exploitation of any image or other content without express prior written permission from us, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
2.d.) The Meg Fine Art logo is a trademark of Meg Fine Art. Use of the Meg Fine Art logo is not authorized without express written permission from Meg Fine Art.
2.e.) Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by Meg Fine Art.
2.f.) All content included on the website such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying Meg Fine Art is the property of Meg Fine Art.
Content Displayed on the Website
3.a.) You agree that the images of the works of art displayed on the website are guidelines only.
3.b.) We have taken reasonable care to ensure that the works of art are presented as accurately as possible and will accept no responsibility for differences between the website images and the actual works.
3.c.) We reserve the right to modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you hereby agree that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
3.d.) Some services may enable users to submit, post, publish or otherwise provide user content. Each user is solely responsible for all user content that they provide on or through our services.
3.e.) We do not endorse or make any representations or warranties of any kind with respect to any user content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our services (whether online, offline, orally, in writing or otherwise) by any user and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any user content and/or any such statements, ideas, advice or opinions is solely at your own risk.
3.f.) You acknowledge that we have no obligation to review or screen any user content, and that by using our services, you may be exposed to user content that is inaccurate, misleading, offensive or otherwise objectionable.
3.g.) We reserve the right to remove or refuse to display any user content on our website, in whole or part, if we believe that such user content may violate these terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
Reference Photographs
4.a.) All external reference photos used as inspiration to create artworks by Meg Fine Art are royalty free which means photographers have either donated their photos to artists for creating their artworks or full permission has been received by artists to create and sell the artworks using those reference photos. Credit has been given to the photographer wherever external reference photos have been used.
Communication
4.a.) You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our services or communicate with us at your own cost
4.b.) We welcome feedback, comments and suggestions about our services. However, you acknowledge and agree that we will have the right to use any and all such feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any feedback in any way
4.c.) Fundraising events held by Meg Fine Art may be displayed on the website during the period of the campaign. Meg Fine Art reserves the right to remove this content as required. The amount of donation and the charity organization receiving donation are both decided by Meg Fine Art and reserves the right to not disclose the specific amount of donation to the public.
4.d.) Any special offers offered to you via email or social media are decided and controlled by Meg Fine Art. The customers who take advantage of these offers are bound to follow our terms and and conditions and shipping policies as per mentioned on our website.
4.e.) Any information presented through blogposts on the website should be taken as a guide only. Person referring to this information must use his/her/their own common sense and seek expert advise where ever necessary.
Other Websites and Services
5.a.) Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our website. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services
5.b.) You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services
5.c.) You acknowledge and agree that Meg Fine Art is not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services
5.d.) You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein
Change of Terms and Services
6.a.) We reserve the right to change the terms and conditions, including the right to change, modify, add or remove any part of these terms, without prior notice, at any time at our sole discretion
6.b.) All changes to these terms will be effective when posted on our website, or at such later date as may be specified in the updated terms
6.c.) By continuing to use our services after any changes to these terms become effective, you agree to such changes and the updated terms
6.d.) You agree that we may notify you of any changes to these terms by posting the updated terms on our website, and you agree to review these terms regularly and inform yourself of all applicable changes
6.e.) We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our services, including any loss of business or the ability to use any product, service or content
6.f.) If you do not agree to any changes made by us to these terms, you will no longer be permitted to use our services
6.g.) Changes to these terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these terms in effect at the time that such claim or dispute arose.
6.h.) We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these terms, including any loss of business or the ability to use any product, service or content.
Currency
7.a.) All prices are displayed and transacted in Australian Dollars AUD$.
Limitation of Liability
8.a.) You assume all responsibility and risk for use of our website including and without limitation to any of the content or information contained therein. We accept 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.
8.b.) Our website and its content are provided "as is" without warranty of any kind, either expressed or implied. The following warranties are expressly excluded:
· Merchantability or fitness of the works of art for any particular purpose
· Compatibility of the website with your technology, equipment or software
· Compliance with any law
· Uninterrupted or error free functionality of the website
· Correction of defects
· Non-infringement of any rights
8.c.) The use of this website is expressly forbidden in those territories where the law does not allow any provision in the clause ‘Copyright and Intellectual Property Rights’ to take full effect.
Product Availability
9.a.) The works of art featured on the website are also sold through other online or offline platforms. If, at the time of your purchase, a particular work of art is unavailable as a consequence of it being sold through other media, Meg Fine Art reserves the right to cancel your order.
9.b.) Works of art which are not available for purchase will not be added to your shopping basket. However, due to the fact that each work of art is unique there is a possibility that a particular work of art has been checked out and may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by Meg Fine Art.
9.c.) Meg Fine Art shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any work of art featured on the website for any reason whatsoever.
Violation and Waiver
10.a.) If, for any reason, Meg Fine Art should fail to enforce any right or provision in the Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions.
10.b.) If a court should find that one or more rights or provisions set forth in the Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
Disclaimer
11.a.) We do not represent or guarantee that the Meg Fine Art service and / or website or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Meg Fine Art does not represent or guarantee that access to our service or these websites will be uninterrupted.
11.b.) The user acknowledges that the Meg Fine Art service or the Meg Fine Art 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 Meg Fine Art's or another person's software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.
11.c.) Meg Fine Art does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties. Meg Fine Art does not warrant that all uploaded content will be available on our website. If Meg Fine Art 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.
11.d.) Meg Fine Art 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. 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.
11.e.) We reserve all rights not expressly granted to you in these Terms.