Buyers and Bidders Agreement
Art Investor Pty Ltd
Suite 1208, 370 Pitt Street Sydney 2000
A.C.N. 635 948 800 ABN: 38 635 948 800
Terms and Conditions of Use – “The Agreement”
Updated 7th April 2021
DEFINITIONS
Art Investor Marketplace (the Site) is the online site where Galleries advertise and sell artworks to Buyers
Art Investor Pty Ltd is a company which owns and operates the Art Investor Marketplace
Galleries are sellers which have entered an agreement with Art Investor to sell artworks
Buyers are people who have entered an agreement with Art Investor to buy artworks on the Site.
Content is defined as any image, text, or other type of information posted on the Site by Art Investor or a member of the Site.
GENERAL
The Site provides an online avenue for Galleries to sell artworks to Buyers. Art Investor Pty Ltd therefore is not a party to the transaction between Buyers and Galleries. Galleries and Buyers must comply with Australian Consumer Law. For detailed information on consumer rights and guarantees, and how to pursue your rights in a dispute, please visit the Australian Competition and Consumer Commission here.
A Gallery will send you an invoice once you have purchased an artwork advertised on The Site. The invoice will include the Gallery’s method of payment.
AGREEMENT
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY REGISTERING AS A BUYER YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS INCLUDING OUR SITE’S PRIVACY POLICY.
1. AGE: You must be over 18 years old to register as a buyer.
2. IDENTITY: You must provide your real name, address, phone number and email. Providing false or inaccurate information constitutes a breach of this agreement, and we may refuse or cancel your registration, and cancel the sale contract between you and the seller.
3. BUYING OR BIDDING ON AN ARTWORK: You accept that you are entering a legally binding contract when you buy an artwork. If you are the winning bidder in an auction you must also complete the transaction within 24 hours. You acknowledge that the seller has the legal right to pursue payment, and may take legal action if you do not complete the transaction. Failing to complete a transaction may also constitute a breach of this agreement, and Art Investor may cancel your registration as a buyer.
4. BIDS ARE NOT RETRACTIBLE: There may be exceptional circumstances where a bid is made in error. If this occurs, you must contact Art Investor and the Gallery immediately. It will be at Art Investor’s sole discretion to allow retraction of a bid.
5. YOU MUST NOT ALLOW A THIRD PARTY TO USE YOUR MEMBERSHIP NAME.
6. ACCOUNT SECURITY: You must keep your ID and password safe. You must ensure that your computer or mobile device are secure, and will not allow a third party, such as a hacker, to access your account details. Art Investor will not be held liable for activities conducted by a compromised account. If you believe your account has been compromised, you must contact Art Investor immediately, and reset your password immediately if you can access the password reset function.
7. INFORMATION OBTAINED FROM THE ART INVESTOR WEBSITE. You will not use any information obtained from the site to advertise, solicit business, spam, or forward such information to third parties.
8. CONDUCT: You will not engage in objectionable conduct, such as harassing others, using offensive language, threatening others, or behaving in a manner which could harm the reputation of Art Investor. Art Investor reserves the right to determine whether such conduct is in breach of this agreement, and terminate membership.
9. FINANCIAL AND TAX ADVICE. Art Investor does not provide financial or legal advice. You must consult your own independent financial planner, art consultant, or solicitor if you need advice on investing in artworks.
10. FAIR CONDUCT: You must not contact a Gallery directly to purchase any artwork advertised on the Site, circumventing Art Investor’s commission. You must report to Art Investor any Gallery’s request to circumvent the Art Investor commission. Similarly, Galleries must report your request to Art Investor, and your membership as a Buyer will be terminated. Galleries that fail to report such request to Art Investor will also be removed from the Art Investor website. Art Investor reserves the right to recover the commission.
11. MONITORING AND INVESTIGATION: Art Investor reserves the right to monitor the Site’s activities. Art Investor has the right, but not the obligation, to investigate any violations of this agreement and its policies. Art Investor reserves the right to remove content from the Site, cancel auctions, cancel sales, issue warnings, issue suspensions and terminate memberships where Art Investor deems it appropriate and necessary to protect its reputation.
12. COMMUNICATIONS FROM ART INVESTOR. You consent to receive communications from Art Investor. Your personal information will not be disclosed to third parties without your consent, unless legally obliged to do so. Art Investor is not responsible for information obtained by a Gallery as a result of a purchase through the Site. If you are concerned, please ask the Gallery for their privacy policy.
13. PURCHASED ARTWORKS: You grant Art Investor an irrevocable royalty-free perpetual licence to use all information regarding any item you purchased on Art Investor. This includes all text, images and prices.
14. GALLERIES: Art Investor is not a party to transactions, and has no control over individual transactions. Art Investor therefore cannot guarantee that a Gallery will complete a transaction. Galleries are subject to a Gallery agreement with Art Investor, and will investigate non-compliance with the agreement.
15. DISPUTE RESOLUTION: Art Investor is not a party to the transaction and therefore does not have a duty to resolve disputes between parties in the transaction. Art Investor does not guarantee the truth or accuracy of listings, as this is the responsibility of the Gallery. Art Investor reserves the right to investigate whether the conduct of Buyers and Galleries is in accordance with their agreements with Art Investor. You agree to cooperate with any investigation by providing any documentation and information under your control.
16. ILLEGAL CONDUCT: You agree not to use Art Investor for any illegal activities such as money laundering, fraud, tax avoidance or other illegal activities. If Art Investor becomes aware of illegal activities, it will report such activities to relevant authorities and provide all information to investigators.
17. CHANGES TO TERM AND CONDITIONS: Art Investor’s terms and conditions may change over time. Art Investor reserves the right to change these terms and conditions. Buyers will be notified of changes via email. The changes will be posted on the Art Investor website. By continuing to use the service after changes, you accept these changes.
18. SERVICE PROVISION: You acknowledge and accept that your access and use of our services is at your own risk, and that services are provided “as is” and “as available”. Art Investor is not liable for the consequences of outages, faults, delays, hacking or malware.
19. COPYRIGHT: You acknowledge that the content of the Art Investor Site is subject to copyright under national and international laws. You do not acquire any ownership rights by your permitted use of the Site.
20. GOVERNING LAW: This agreement shall be governed by the law of the state of New South Wales, Australia.