CUSTOMER TERMS AND CONDITIONS

By purchasing Artwork from us, you agree to the following Terms of sale:

1. Definitions and Interpretation

In these Terms:

(a) Artwork means the Traditional Aboriginal Artworks and Contemporary and Abstract Artworks we offer for purchase through this Website, client portal and webhosting services, social media (such as Facebook and Instagram), our merchandising shop with the products contained therein and any other means (such as fairs and exhibitions);

(b) Terms means these terms and conditions which apply to customers;

(c) the Website means the website www.ngwarleuntyeart.com;

(d) a reference to “we”, “us” or “our” means Ngwarle Untye Art ABN 28 838 207 607 trading as Ngwarle Untye Art and any subsidiaries, affiliates, employees, officers, agents or assigns;

(e) headings are for convenience only and do not affect interpretation;

(f) the singular includes the plural and conversely, and a gender includes all genders; and

(g) “including” and similar expressions are not words of limitation.

2. Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website. Please note that although we endeavour to use high quality images to depict the Artwork on sale, colours may differ according to your computer screen. For enquiries, please contact us or send us an email.

3. Authenticity

We guarantee that all our Artwork are produced by Aboriginal artists.

4. Pricing

Prices for Artwork are shown in Australian dollars and include GST where applicable. Prices include packaging and shipping insurance fees. Prices may not include delivery. Despite our best efforts, Artwork may be incorrectly priced. In the event of a discrepancy in the stated price, we will contact you for instructions before shipping or cancel your order and notify you of the cancellation. We reserve the right to correct any errors published on the Website.

5. Shipping Policy

Once you have confirmed your order and we have received payment for the Artwork, we will send the Artwork to you within [28] business days (Australian Standard Parcel Delivery). Delivery of the Artwork will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with Australia Post, or another carrier we may use. Although we endeavour to keep the Artwork in quality condition upon delivery, please note that we hold no responsibility for Artwork that has been lost or damaged in transit. OR Any damaged or lost works are covered under shipping insurance in accordance with the Australia Post Guidelines.

6. Title and Risk

As soon as the Artwork is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.

7. Stock Availability

You shall not be entitled to object if information about Artwork on the Website is not correct or if advertised products are not available or if images of products differ from the actual products. If you pay for an Artwork and we cannot supply it, we will refund the price of the Artwork to you.

8. Refund Policy

Please purchase the Artwork carefully, as we do not refund or accept exchanges. Refunds will only be granted in exceptional circumstances, such as in Term 7 above.

9. Afterpay

You can learn more about Afterpay and how it works on their website.

10. Ownership of Intellectual Property and Copyrights

We hold the copyright and all other intellectual property. It is our expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. In addition, you must not produce any image of the Artwork, and may not publish or submit for publication or reproduction of an image of the Artwork to any third party, for any purpose without any express, written agreement from us. Breaching these Terms may result in Court proceedings against you, and the payment of damages will not be a sufficient remedy to compensate us for your breach.

11. Data Protection

We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms of sale, you agree to such information being used in these ways and for such information to be disclosed to us if you are in breach of your obligations under these Terms.

12. Links to external websites

This Website may contain links that direct you outside of this Website (such as Afterpay). These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these third party sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by providing notice to you.

13. Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Artwork. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Artwork are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages or loss whatsoever, incurred as a result of or relating to the use of the Website or our Artwork.

14. Indemnification for loss or damage

You agree to indemnify and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Artwork, including any direct or indirect liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

15. Privacy and Confidentiality

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Artwork, is governed by our Privacy Policy. By using this Website and the Artwork associated with this Website, you are agreeing to the Privacy Policy. We will take all reasonable endeavours to ensure that personal information you provide to us will be kept confidential and dealt with in a confidential manner in accordance with our Privacy Policy.

16. Other

These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate country or jurisdiction. We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy. If any part of these terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect. No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them. We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.

WEBSITE TERMS AND CONDITIONS

Please take the time to read these Terms. By using our Website and the Artwork and information offered on our Website, you are agreeing to these Terms. If you do not agree to be bound by all of these Terms you must cease accessing or using the Website immediately.

If you purchase artwork through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you have reviewed and agree with these terms and conditions, which you will be directed to read, prior to making your purchase.

1. Definitions and Interpretation

In these Terms:

(a) Artwork means the Traditional Aboriginal Artworks and Contemporary and Abstract Artworks we offer for purchase through this Website, client portal and webhosting services, social media (such as Facebook and Instagram), our merchandising shop with the products contained therein and any other means (such as fairs and exhibitions);

(b) Terms means these terms and conditions of use of the Website;

(c) the Website means the website www.ngwarleuntyeart.com;

(d) a reference to “we”, “us” or “our” means Ngwarle Untye Art ABN 28 838 207 607 trading as Ngwarle Untye Art and any subsidiaries, affiliates, employees, officers, agents or assigns;

(e) headings are for convenience only and do not affect interpretation;

(f) the singular includes the plural and conversely, and a gender includes all genders; and

(g) “including” and similar expressions are not words of limitation.

2. Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website.

3. Use

You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Artwork.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Artwork offered, then we may at our absolute discretion, refuse to publish such comments and/or remove them from the Website.

You must not interfere or disrupt to the Website or servers or networks connected to the Website, including by transmitting any works, viruses, spyware, malware or any other code of a destructive of disruptive nature.

You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with our Website.

We reserve the right to refuse or terminate the provision of our Artwork to anyone at any time in breach of this clause 3 without prior notice.

4. Registration

You must be a registered member to make orders to purchase our Artwork. When you register and activate your account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

5. Collection notice

We collect personal information about you in order to respond to your enquiry, process your registration, enable you to purchase our Artwork and for purposes otherwise set out in our Privacy Policy. We may disclose that information to third parties that help us deliver the Artwork (including contractors, information technology suppliers and communication suppliers) or as required by law. If you do not provide this information, we may not be able to provide our Artwork to you.

6. Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login on our Website.

7. Intellectual property and copyrights

We hold the copyright and all other intellectual property in the content of this Website, including without limitation all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website from time to time or used in connection with the Artwork. You must not use, replicate or licence our intellectual property other than as permitted by law. Specifically, you must not use, replicate or licence our intellectual property for commercial purposes unless expressly agreed to by us, in which case we may require you to enter into a Licence Agreement. If you wish to use content, images or any other form of our intellectual property, you can contact us or send us an email to submit your request to us.

8. Trademarks

The trademarks, designs and logos contained on this Website are trademarks of Ngwarle Untye Art. The use, replication or licence of these trademarks is strictly prohibited except with our express, written consent.

9. Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these third party sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by providing notice to you.

10. Promotions and competitions

Additional terms and conditions may apply for certain campaigns, promotions or competitions. If you want to participate in a campaign, promotion or competition, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In the case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

11. Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Artwork. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Artwork are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages or loss whatsoever, incurred as a result of or relating to the use of the Website or our Artwork.

12. Indemnification for loss or damage

You agree to indemnify and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Artwork, including any direct or indirect liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

13. Privacy and confidentiality

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Artwork, is governed by our Privacy Policy. By using this Website and the Artwork associated with this Website, you are agreeing to the Privacy Policy. We will take all reasonable endeavours to ensure that personal information you provide to us will be kept confidential and dealt with in a confidential manner in accordance with our Privacy Policy.

14. Other

These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate country or jurisdiction. We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy. If any part of these terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect. No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them. We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.