Terms of Use

Definitions

1. In these Terms of Use:

   ‘You’ or ‘you’

   means you as user of the Website;

   ‘Website’

   means the website that you are currently accessing (http://www.helenbailey.com.au) but does not include any external websites to which this website may link (being websites outside the domain http://www.helenbailey.com.au);

   ‘Content’

   means the content of the Website (or some portion of the content of the Website) however displayed or reproduced;

   ‘Work’

   means a work of art represented by the Content which is available for sale;

   ‘Goods’

   means a Work, or more than one Work, purchased or sought to be purchased by you;

   ‘Statement of Copyright’

   means the Statement of Copyright published on the Website;

   ‘Terms of Sale’

   means the Terms of Sale published on the Website;

   ‘the Publisher’

   means Helen Patricia Bailey (Australian Business Number 80 173 574 328) hereby trading as ‘Helen Bailey’.

Terms binding

1. You agree that you are bound by each term in these Terms of Use (including this term).

No unauthorised use

1. Any use of the Website or the Content contrary to these Terms of Use is prohibited.

Assumption of risk

1. The Website and the Content are provided ‘as is’ and you assume all risks of such use.

Exclusion of warranties

1. The Publisher:
   1. excludes all warranties in respect of the Website,
   2. excludes all warranties in respect of the Content (except statutory warranties under Australian consumer law), and
   3. bears no liability for:
      1. any loss or damage, however caused, resulting from the use of (or inability to use) the Website or the Content; or
      2. any incidental, special or consequential damages arising from the use of (or inability to use) the Website or the Content.

Indemnification: third parties

1. You agree to indemnify the Publisher against liability for any loss or damage suffered by any third party to whom you have supplied the Content (whether contrary to the Statement of Copyright or otherwise).

Jurisdiction

1. You agree that:
   1. the place of publication of both the Website and the Content is New South Wales, Australia, and
   2. the laws of New South Wales, Australia apply to the interpretation and enforcement of these Terms of Use.

Variation

1. These Terms of Use may be varied by the Publisher at any time without notice to you.

Copyright

1. Copyright in the Content and in the Website is owned by the Publisher.

Licence

1. You are hereby granted a non-exclusive and non-transferable licence to view the Website and the Content free of charge for non-commercial purposes.

No copying or distribution etc.

1. Except as permitted by the licence granted in the preceding term or by the Copyright Act 1968 of Australia, you may not copy, distribute, sell or re-publish (by any means) the Content or the Website.

Sales

1. A contract for the sale of Goods does not come into existence until:
   1. payment for the Goods has been made in full,
   2. all payments have been authorised, and
   3. a signed Sale of Art form has been received by the Publisher:
      1. by ordinary mail, or
      2. by electronic mail (email) on the condition that a legible scanned version of the form is attached to the email.

Representation of artworks

1. While every effort has been made to accurately represent each Work in the Content, you agree that:
   1. no representation of a Work can be completely accurate due to the limitations of digital reproduction,
   2. the colours, shades and tones of each representation are not identical to those of the corresponding Work, and
   3. variations in colour, shade or tone between the representation and the Work do not constitute a significant difference between the representation and the Work.

Descriptions

1. While every effort has been made to ensure the accuracy of the Content, you agree that:
   1. the availability for sale of any Work is subject to confirmation by the Publisher, and
   2. the Publisher may withdraw a Work from sale for any reason and without notice.

Payments

1. All payments must be made in Australian currency.

Electronic payment facility

1. You acknowledge that the Website electronic payment facility is provided by a third party operating at ‘arm's length’ from the Publisher and agree, in relation to any transaction undertaken through the Website, that:
   1. the transaction is processed by the third party and not the Publisher,
   2. the Publisher is not provided with your financial data (or access to that data) and has no right to request that data (or access to that data) from the third party,
   3. the third party, and not the Publisher, bears all obligations under Australian law to protect your financial data from unauthorised disclosure,
   4. the third party, and not the Publisher, is responsible for ensuring the security of your transaction, and
   5. the third party, and not the Publisher, is liable for any loss or damage resulting from the transaction (including any incidental, special or consequential damages arising from the transaction) and you hereby indemnify the Publisher against such liability.

Refunds

1. No refunds will be made after dispatch of the Goods unless, at the time of receipt, the Goods are:
   1. damaged or defective,
   2. not of merchantable quality, or
   3. significantly different from the description of the Goods in the Content.

Delays, taxes, etc.

1. The Publisher is not responsible for, and bears no liability in relation to, delays in delivery occurring after dispatch of the Goods.