Standard Terms & Conditions

1 Effective Date
  1.1 These Terms and Conditions are effective as of July 24, 2012.
2 Service Description
  2.1 Due to continued development, the scope of services supplied is subject to change without notice.
3 Acceptable Use Policy
  3.1 You must not use the Service to gain unauthorised access to any computer, system or network.
  3.2 You must not use the Service in a manner that interferes with the rights of other users
  3.3 You must not use the Service in a manner which may interfere with the operation of the Service, or any other computer, system or network.
  3.4 In using the Service, you must not break any laws or infringe the rights of other persons.
  3.5 You agree not to publish offensive, misleading or illegal content.
  3.6 You warrant that the art work you publish in Gallery 247 is your original work.
  3.7 You agree to not publish your personal contact details, email address or website address in your Artist's Bio or artist notes.
4 Mail Services
  4.1 Your use of Gallery 247 email services must comply with relevant Australian anti-spam and privacy legislation.
  4.2 Continued access to your email service is governed by our Acceptable Use Policy.
  4.3 The volume of data passing through your mailbox may be monitored, and where excessive traffic is detected we reserve the right to apply additional charges commensurate with the excess traffic.
  4.4 If any abuse of the mailing service is reported or detected, we reserve the right to terminate such service without notice.
  4.5 If as a result of your abuse of any part of the mailing service, any of Gallery 247’s servers are blacklisted as the source of spam or otherwise disabled, you agree to indemnify Gallery 247 for any costs and losses so incurred.
  4.6 Unless otherwise agreed, to conserve space uncollected email messages left on our mail server are subject to deletion without notice.
5 Contract Duration and Termination
  5.1 Unless otherwise agreed, a minimum subscription period of 12 months applies. In the event of you cancelling or defaulting on payment during that initial period, you are immediately liable for all subscriptions remaining of that initial 12 months, as well as any cancellation fee that may be in force at the time.
  5.2 After the initial minimum period has expired, you may cancel your subscription at any time by giving at least one month’s notice in writing, at which time any applicable cancellation fee will apply.
  5.3 Gallery 247 reserves the right to terminate, suspend or disable any service without notice for non-payment of fees, in which case Gallery 247 is entitled to charge a reconnection fee.
  5.4 Gallery 247 has the right to cancel or suspend any site or service that breaches our Acceptable Use policy or these Terms and Conditions without notice. You agree to indemnify Gallery 247 for any costs incurred as a result of your breach.
6 Additional work and services
  6.1 You authorise Gallery 247 to charge for additional work that you request which exceeds that already provided for as part of the membership grade you have purchased.  Such fees will be charged at our ruling billable rate, paid for through your nominated direct debit payment method.
7  Privacy and Security
  7.1 Your privacy is protected by our Standard Privacy Policy.
  7.2 Access to Commercial Credit Information (Section 18 Privacy Act 1988):

For the purpose of assessing your application for services, you consent to Gallery 247 obtaining a report containing information about your commercial activities or commercial credit worthiness, from a business which provides information about the commercial credit worthiness of persons and/or businesses.

8 Third Party Services
  8.1 Certain third party services including but not limited to Google Analytics, payment gateways, website content management system and merchant facilities may have their own terms and conditions of usage, which may take precedence over any provisions herein.
9 Intellectual Property / Copyright
  9.1 Ownership of the Intellectual Property and/or Copyright of your personal gallery’s content is vested in you;  that of the operating platform itself and associated code is vested in Gallery 247 and/or relevant third party providers.
  9.2 You warrant that you are the lawful owner/licensee of the Copyright on all material that you publish on your website, provide to Gallery 247 for publication, or that you authorise Gallery 247 to use in the construction of your site.
  9.3 You warrant that the photographs of works you upload are those of your own original works.
  9.4 You agree to indemnify Gallery 247 from all action arising from your use of copyrighted content on your site.
  9.5 A lien in favour of Gallery 247 exists on your copyrighted content until such time as all outstanding debts have been paid.
10 Payment Terms
  10.1 All membership subscriptions and set-up fees require pre-payment. Work will not proceed until receipt of such payment.
  10.2 Subscription fees are non-refundable
  10.3 Once work commences on setting up your particular membership services, set up fees are non-refundable.
  10.4 Recurring and incidental payments are to be made by either credit card debit authority or direct bank debit authority, signed by you, unless prior alternative arrangements have been made and agreed to.
  10.5 Where direct deposit is made, payment to be made to Gallery 247, BSB 083-535, account number 123896978.  To ensure that we are aware that the payment has been made, please email details to accounts@Gallery 247.com.au or fax to 03 9555 5360.
  10.6 You agree to indemnify Gallery 247 against all costs incurred in the recovery of outstanding amounts owing.
  10.7 Payment for recurrent subscriptions will not commence until the services relevant to your level of membership have been set up, at which time they are payable in advance through your nominated payment method.
  10.8 Our official Tax Invoice will be sent to you as a matter of record for pre-payments and direct debits.
  10.9 Gallery 247 will notify you of any price changes in membership rates or service charges at least 30 days in advance.  In the absence of you either terminating the agreement or changing your subscription level, you will be deemed as having accepted those changes.
11 Warranties
  11.1 Website code and content are guaranteed to be free of defects and errors for a period of 90 days from your acceptance of the website or service concerned.  Where such defects are of Gallery 247’s making, they will be corrected at no charge during that warranty period.
  11.2 In the absence of a formal acceptance document, “Acceptance date” is deemed to be that date at which the site or service was made live.
  11.3 Certain parts of websites provided as part of your membership are based on or incorporate software and services provided by third parties. This warranty does not extend to such third party providers.
  11.4 Where there are defects arising from third party providers, Gallery 247 will make all reasonable endeavours to have them rectified by the provider concerned.
  11.5 Because of variations in the ways that individual browsers function, variations in hardware on which those browsers operate, and variations in system settings and preferences of individual users, Gallery 247 cannot guarantee that a website will provide trouble-free performance or function as intended on all web browser and operating system platform combinations.
  11.6 Because of differences in the conditions under which your work's photograph was taken, as well as differences in users' screens, settings and hardware, Gallery 247 cannot guarantee the accuracy of colours rendered on the website.
12 General Conditions
  12.1 Whilst Gallery 247 makes every reasonable endeavour to provide continuity of service, you will not hold us liable for any loss of income or consequential damage in the event of failure of that service.
  12.2 Gallery 247 are not liable for the content of your website, emails or newsletters that you transmit using our systems. You agree to indemnify Gallery 247 against any claims and other costs arising as a result.
  12.3 Gallery 247 are not liable for the content of any correspondence or enquires that originate from your site.
  12.4 All content for inclusion in your website is to be supplied in editable electronic format.
  12.5 Gallery 247 may adjust the images you submit in order to maintain the quality of our gallery display and performance of our website, by way of exposure adjustments, trimming, resizing and the like.  In doing so Gallery 247 will make every resonable endeavour to present your work in the best possible way.
  12.6 Gallery 247 may at our sole discretion reassign the category under which your work has been listed if, in our opinion, it could be misleading.
  12.7 Gallery 247 may at our sole discretiuon prevent any work from publication or display, or remove the work entirely if, in our opinion, it is in breach of our policies or its description is misleading.
  12.8 Gallery 247 may edit the content of your Artist Bio in order to correct grammatical and/or spelling errors, to remove extraneous code, format its presentation as well as to bring its content into line with our acceptable use policy.
  12.9 Gallery 247 has certain rights to intercept data being transmitted, remove content or monitor your use of the Service, for the purposes of complying with its legal obligations.
  12.10 Where Gallery 247 is required to take such steps to comply with any relevant code of practice or by the directive of the Australian Broadcasting Authority, you agree to indemnify Gallery 247 for any costs so incurred.
  12.11 These Terms and Conditions are subject to change without notice.  We therefore recommend that you regularly refer to them, which are available on the Gallery 247 website.
13 Change of Address and Other Contact Details
  13.1 You will notify Gallery 247 of any changes in your contact details within 30 days of such changes taking place.
  13.2 Updating your personal details directly on line under your personal logon is deemed to constitute such notice.
14 Special Conditions for Sales of Works
  14.1 Where you sell your works on line, or offline in response to a direct enquiry emanating from Gallery 247, you agree to pay commissions as set out in our standard price list, which forms part of these Terms and Conditions.
  14.2 If you elect to offer your work for sale on line through Gallery 247, you agree to abide by the provisions of our Returns and Money Back Guarantee policy.
  14.3 When a work is sold on line, on its dispatch you will log on to Gallery 247 and signify that the work has been dispatched, together with its dispatch details.
  14.4 In the event that you sell works of art other than through the Gallery 247 system, within 7 days you will log on to Gallery 247 and identify such works as being SOLD.
  14.5 You agree that you will not misrepresent your art work in Gallery 247.
  14.6 Gallery 247 have the right to remove from display any work that you submit without notice for any reason.
  14.7 You warrant that the work you are showing on Gallery 247 is your original work, and that the image you use is not subject to any third party copyright restrictions.
  14.8 When submitting your work to art shows using the Gallery 247 submission system, you agree to abide by that particular show’s terms and conditions.
  14.9 When remitting payment to you for works sold on line any commissions and charges due to Gallery 247 will be deducted before making such payment.
  14.10 You may withdraw works from sale on line at any time.
  14.11 You agree to ship goods adequately packed to prevent damage in transit.
  14.12 If you elect to use an uninsured carrier, or if you elect to self-insure goods in transit, then all costs arising in the event of a claim will be borne by you.

If you are unsure about any of these terms and conditions, please contact Gallery 247 for clarification.


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