Aspire Gallery Terms and Conditions of use.

It is understood that you agree to the following terms and conditions. 

1.      Definitions

1.1.   ‘Aspire Gallery’ means the property at 53 Kennedy Terrace, Paddington, 4064

1.3.   ‘Us’, ‘we’, ‘our’, ‘operators’, means the owners and employees of Aspire Gallery 

1.4.   ‘Your’, ‘you’, ‘yourself’ includes the parties reading and accepting these terms and conditions.

1.5.   ‘Parties’ ‘party’ means those entering into the contract with ‘Aspire Gallery’.

1.6.   ‘Artist’ means the person producing the product.

1.7.  ‘Buyer’  or ‘Purchaser’ means the person purchasing the product. 

1.8.   ‘Artwork’ means any piece of original work offered for sale on, or sold through, Aspire Gallery.

1.9.   ‘Copyright’ means to protect the original expression of ideas, not the ideas themselves. It automatically safeguards the artist’s artwork from copying and other uses. 

1.10.  ‘Original’ means the original and primary work of art – as opposed to a copy, reproduction or imitation. Copyright must belong to the Artist (the creator of the artwork) in order for it to be considered an original. 

2.      Jurisdiction

2.1.    The terms and conditions on this website are in accordance with and governed by Queensland law. All legal matters which may arise with Aspire Gallery will therefore be determined by courts of Queensland.

3.      Terms of Use

3.1.    This website is operated by Aspire Gallery. 

3.2.    This agreement constitutes the entire agreement between the parties.

3.3.     Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

3.4.     If any provision of these terms and conditions is found by a court to be void or illegal the parties hereby agree that the other provisions of these terms and conditions shall remain in full force and effect.

3.5.     By accepting the terms and conditions, accessing, viewing, uploading or otherwise using this website you indicate  that you understand and intend these terms and conditions to be the legal equivalent of a signed and written contract.

3.6.     If you are under 18 years of age, you must obtain the consent of a parent or guardian prior to the acceptance of this contract.

If we suffer any loss or damages from a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parent or guardians who caused the damages to take place.

3.7.     If you are using the gallery for another entity or your employer, you must be authorised to enter into these terms  and conditions on before of the other entity or your employer

3.8.    As operators of Aspire Gallery we may change the terms and conditions at any time to represent the changing  nature of business.

3.9.    The most current terms will be presented to the artists.

3.10.  You must not impersonate any person or entity, harm or abuse, solidity money/passwords/personal information/property.

4.      Access

4.1.    We will make every reasonable effort to ensure that the gallery is available and fully operational at all times; however, we do not offer any representation or warranty that your access will be uninterrupted.

4.2.    We reserve the right to change or stop any feature or service at any time without notice.

5.  Notices and Communication

5.1.    Whenever notice or communication is required to be given by either you or us under this agreement, this notice or communication may be provided by email.

5.2.    The email we use to contact you is the last known email address you supply to us.

5.3.     It is your responsibility to ensure the last known email address we have is your current email address.

6.  Disclaimer of Warranties

6.1.    You expressly understand and agree that to the extent permitted by law your use of the service is at your sole risk. The services this gallery offers is provided on an ‘as is’ and ‘as available’ basis.

6.2.    We make no warranty that;

6.2.1.  The service will meet your expectations;

6.2.2.  The service will be uninterrupted, timely, secure or error-free;

6.2.3.  The results that may be obtained from the use of this gallery will be accurate or reliable;

6.2.4.  The quality of any products will meet your expectations;

6.2.5.  Information will meet your expectations;

6.2.6.  Material will meet your expectations;

7.  Limitations of Liability

7.1.    You expressly understand and agree that, to extent permissible by law, we shall not be liable for any direct, indirect, incidental,  special, consequential or exemplary damages.

8.  Indemnification

8.1.    You agree to defend, indemnify, and hold us harmless from and against all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including legal costs) relating to or arising from your use of this gallery and any breach by you of these terms and conditions.