The Art Spy provides a service for artists wishing to sell their artwork, and any people interested in purchasing artwork, via The Art Spy’s online marketplace, operated by The Art Spy Australia, based in Sydney, Australia.
Before you use this website you must read, agree with and accept all of The Art Spy’s Terms and Conditions of Use, and The Art Spy’s policies, including its Privacy Policy, Shipping Policy, Art Consignment and Sale Agreement and Refunds and Returns Policy. These policies will change from time to time, and form part of these Terms and Conditions.
The Art Spy reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions at any time, effective immediately upon publishing on the website (www.theartspy.com.au). If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease use of The Art Spy website.
The Art Spy services and ships within the Australian community.
USERS
Any User represents and warrants they are of sufficient legal age to use The Art Spy website and to create binding legal obligations for any liability they may incur as a result of the use of this website. The User agrees to be responsible for all of their use of The Art Spy website (as well as for use of their username and password(s) by others, including without limitation, any minors). The User agrees to supervise all usage by minors of the website under their name or account.
The Art Spy website must not be used for any illegal or unauthorised purpose. It must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social media sites, is not allowed without express written permission from The Art Spy.
ARTWORK
The Art Spy promotes original artworks and allows digital mediums, such as photographs or other works created and/or modified by computer, on a discretionary basis.
Artwork may include drawings, watercolours, paintings, mixed media, ink works, sculptures, textiles, craft, jewellery, glassworks and ceramics. The Art Spy reserves the right to refuse particular artwork on its website at its discretion.
Genuine photography artists may also be included on The Art Spy, following approval.
All artwork shown on The Art Spy must be photographed as they will be sold, such as framed or unframed. All framed artwork must be packaged very carefully and labelled as fragile.
Artworks must be unique or sold as one in a series of limited-edition artworks, and clearly labelled as such: Artwork by Name, Title, 7/15.
UNACCEPTABLE CONTENT
Any Users posting content on The Art Spy website must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
The Art Spy does not accept obscene content: pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes will be accepted atThe Art Spy’s discretion.
Content onThe Art Spy website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of The Art Spy website, including all databases.
The Art Spy encourages Users to the site to report any inappropriate content via curator@theartspy.com.au. The Art Spy has the right, but no obligation, to remove any content posted at its discretion. Inappropriate content will be removed as soon as possible.
Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the User/Member that posts such content.
Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the User’s own risk.
PRICES/TAXES
All prices shown on The Art Spy website are in Australian Dollars (AUD) and are set at the discretion of the Artist.
Each Artist/User is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this agreement. We recommend Artists/Users consult with a tax advisor as to the application of taxes, as the seller of the art. This may include GST and other transactional taxes.
The Art Spy will not collect or pay taxes on anyone’s behalf as The Art Spy is merely acting as an agent in facilitating the sale of a product to customers. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your art together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.
If you have an Australian Business Number (ABN) you may submit your ABN to The Art Spy website where requested. If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to provide more information about the circumstances under which you are offering your art for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you. If this is not provided you permit The Art Spy in its capacity as agent to withhold the highest rate of tax (currently 47%) from any payments due to you.
You are required to notify The Art Spy if you are registered for GST, as such any payment price set by you will be inclusive of GST. By using The Art Spy platform to sell art you agree you will not issue an invoice to any Member.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
COPYRIGHT
Use of The Art Spy logo is not authorised without express written permission from The Art Spy. All content on The Art Spy website is copyright of either The Art Spy or the Artist. Content must not be downloaded or used without express written permission from The Art Spy, or the Artist where the content is their own work.
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
TERMINATION
The Art Spy reserves the right to refuse service to anyone at any time and at its absolute discretion. The Art Spy reserves the right to modify, terminate or suspend Member accounts, at any time, at its discretion, and without prior notice.
The Art Spy reserves the right to terminate The Art Spy service at any time and at its absolute discretion without prior notice. Upon termination, any rights granted by the Artist to The Art Spy under this agreement immediately revert to the Artist.
WARRANTY/DISPUTES/LIABILITY
The Art Spy offers an ‘as is’ service. It does not supply any warranties in relation to content represented on The Art Spy website.
The Art Spy is released from any claims arising from disputes between Users and Members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.
The User assumes all responsibility and risk for use of The Art Spy website including and without limitation any of the content or information contained therein. The Art Spy accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.
The Art Spy does not represent or guarantee The Art Spy service or The Art Spy website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. The Art Spy does not represent or guarantee that access to The Art Spy service or these websites will be uninterrupted.
The User acknowledgesThe Art Spy service or website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of The Art Spy’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
The Art Spy does not warrant that any Members’ uploads to this website will be protected against loss, or misuse or alteration by third parties.The Art Spy does not warrant that all uploaded content will be available on its website. IfThe Art Spy elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain timeframe. The Art Spy reserves the right to cancel and refund any sale made through its website.
It is the responsibility of the User to ensure they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
The Art Spy does not accept responsibility for any loss or damage, however caused (including through negligence), that Users may directly or indirectly suffer in connection with their use of The Art Spy website or any linked website, nor does it accept any responsibility for any such loss arising out of a User’s use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following.
- The breach relates to goods: the supply of equivalent goods, the payment of the cost of replacing goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired
- The breach relates to services: the supplying of the services again, or the payment of the cost of having the services supplied again
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
DEFINITIONS (in alphabetical order)
Artist The person who created the original artwork, has the right to sell it, and is selling via the The Art Spy website.
Artwork Original pieces created by an artist and offered for sale on, or sold via, The Art Spy website.
Content Data, text, images, user names, graphics, photos, paintings, drawings, artworks, profiles or links or any other information that is posted by The Art Spy or a member of the website.
Copyright Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards original artwork from copying and certain other uses.
Member Any person who has created an account on The Art Spy website.
Original Copyright must belong to the creator of an artwork in order for it to be considered original. It must be a primary created work, and not a copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these Terms and Conditions. Prints (photography and electronically altered works must be approved byThe Art Spy before they are listed) must be limited editions, numbered and signed by the artist.
Purchaser The person who has made a purchase on The Art Spy website via an online payment or invoice.
User Any person, member or not, who browses or uses The Art Spy website for any purpose.