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Gallery 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

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.

Buyers are people who have registered on the Art Investor Marketplace and intend to purchase artworks advertised on 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.

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. GALLERY: Art Investor Marketplace only allows art galleries to register as sellers on its platform.

2. IDENTITY: You must provide your real business 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 buyer.

3. SELLING AN ARTWORK: Any artwork advertised on the Art Investor Marketplace must only be available for purchase on the Site . You must remove an artwork from the Site if you want to sell it elsewhere. Artworks advertised for auction must only be removed once the auction has ended. You accept that you are entering a legally binding contract when you sell an artwork on the Site. You acknowledge that a successful buyer has the legal right to receive the item, and may take legal action if you do not deliver it. Failing to complete a transaction may also constitute a breach of this agreement, and Art Investor may cancel your registration as a seller.

4. PAYMENT FROM BUYERS: Art Investor will notify you when a Buyer has completed the purchase. Art Investor is not a party to the transaction, and you will issue an invoice directly to the Buyer.

5. CURRENCY: All prices are in Australian Dollars and include GST.

6. ART INVESTOR COMMISSION: You agree to pay Art Investor an introductory commission of five per cent (5%) +GST of the sale price. The commission applies to all sales and auctions. Art Investor will send you an invoice for the commission when the buyer completes the transaction. Payment will be due within 14 days of the invoice date. The commission will increase to ten per cent (10%) + GST of the sale price on 1 November 2022.

7. TRANSPORTATION: You are responsible for shipping charges, handling costs, and insurance costs if applicable. You assume liability for any loss or damage incurred in the delivery of the artwork.

8. PROOF OF DELIVERY: You must use a shipping service which provides proof of shipment and proof of delivery. You must retain shipping documentation, and provide it to Art Investor if requested.

9. DESCRIPTION OF ARTWORK: You must describe all artwork accurately and truthfully. This includes all text and images. If there is damage, wear or imperfections, it must be disclosed in detail and clearly visible in images.

10. PROVENANCE: You are responsible for ascertaining and describing truthfully the provenance of artworks you offer for sale.

11. OWNERSHIP: You must have the right, as the owner or authorized agent, to offer the artwork for sale on the Site. The artwork must be unencumbered, and must have been legally obtained.

12. NEW INFORMATION: If you become aware that any information about an artwork you have listed for sale is inaccurate you must contact Art Investor immediately. You must also correct the information immediately, or where appropriate, remove the artwork from sale.

13. LIABILITY: You warrant the accuracy of the information included with your listed artwork. You indemnify Art Investor against any legal action or damages arising from inaccurate information about artwork you are offering for sale.

14. YOU MUST NOT ALLOW A THIRD PARTY TO USE YOUR MEMBERSHIP NAME.

15. 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.

16. 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.

17. 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.

18. 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.

19. TAX COLLECTION: You are responsible for collecting any tax associated with the sale, including GST.

20. FAIR CONDUCT: Art Investor receives a commission from Galleries when an artwork is sold. This is the business model which allows Art Investor to remain financially viable. You must not offer Buyers an opportunity to purchase privately artworks advertised on the Site. Buyers must report any such request to Art Investor, and your membership as a seller will be terminated. Buyers who fail to report such request to Art Investor will also be removed from the Site. Art Investor reserves the right to recover the commission.

21. 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.

22. 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.

23. PRIVACY: Your privacy policy must comply with Australian privacy laws. Art Investor is not responsible for information you collect from Buyers.

24. ARTWORKS: You grant Art Investor an irrevocable royalty-free perpetual licence to use all information regarding any item you sell on the Site. This includes all text, images and prices.

25. MARKETING: You agree that Art Investor will use information regarding any item you sell on the Site to market its services. Art Investor reserves the right to choose which artworks, Galleries or artists will be used in marketing campaigns.

26. BUYERS: Art Investor is not a party to transactions, and has no control over individual transactions. Art Investor therefore cannot guarantee that a Buyer will complete a transaction. Buyers are subject to a Buyer Agreement with Art Investor, and Art Investor will investigate non-compliance with the agreement.

27. 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.

28. 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.

29. 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. These changes will be posted on the Art Investor website, and you will be notified by email. By continuing to use the service after changes, you accept these changes.

30. 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.

31. TERMINATION OF SERVICE: Art Investor reserves the right to terminate the Site’s service at any time, without prior notice, and at its absolute discretion.

32. 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.

33. GOVERNING LAW: This agreement shall be governed by the law of the state of New South Wales, Australia.