Terms of Service
Terms of Service
Art Edit acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace. This site is operated by Art Edited Pty Ltd, which has offices in Sydney and offers Australian art to an Australian audience of art lovers and collectors.
Before you use the Art Edit website you must read, agree with and accept all of these Terms and Conditions of Use, and Art Edit’s policies, including its Privacy and Security Policy and Shipping and Returns.These policies change from time to time, and they form part of these Terms and Conditions of Use.
Art Edit reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (www.artedit.com.au). If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Art Edit website.
If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Art Edit website.
These Terms and Conditions of Use are separated into three sections:
Terms & Conditions of Agreement
Contact & Acknowledgement
|Artist||Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Art Edit website.|
|Purchaser||Purchaser is defined as the person who has made a purchase on the Art Edit website through an online payment.|
|Member||Member is defined as any person who has created an account on the Art Edit website, whether they are an Artist or a Purchaser.|
|User||User is defined as any person, member or not, who browses or uses the Art Edit website for any purpose.|
|Content||Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Art Edit or a member of the website.|
|Artwork||Artwork is defined as any piece of original work that is offered for sale on or sold via the website.|
|Copyright||Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists & Copyright, Infringement, or the Copyright Act 1968.|
|Original||Original is defined as a primary and original work, as opposed to any 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 by Art Edit before listing) must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.|
TERMS & CONDITIONS OF USE
|Service Region:||Art Edit services and ships within the Australian community.|
|Age and Responsibility:||The user represents and warrants that they are of sufficient legal age to use the Art Edit website and to create binding legal obligations for any liability they may incur as a result of the use of the Art Edit website. The user agrees to be responsible for all of their use of the Art Edit website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.|
|Unauthorised Use:||The Art Edit website must not be used for any illegal or unauthorised purpose. The Art Edit website 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 networking sites, is not allowed without express written permission from Art Edit.|
|Acceptable Content:||Art Edit aims to promote hand-made, original artworks and only allows digitised or electronically produced or enhanced mediums, such as photographs or other works created and/or modified by a computer, on a discretionary basis.
Artworks may include drawings, watercolours, paintings, mixed media, ink works, prints, etc.
If artworks are framed, they must be packaged extremely carefully and labelled as fragile.
Artworks must be unique or sold as one in a series of limited edition artworks and clearly titled so (eg. “Edition 2 of 10”).
|Unacceptable Content:||Users posting content on the Art Edit site must not infringe any copyright and/or intellectual property rights of any person, entity, organization, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
Art Edit does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of Art Edit.
The content posted on the Art Edit 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 entire Art Edit website, including all databases.
Art Edit encourages all users to the site to report any inappropriate content via the Contact Us page.
Art Edit has the right but has no obligation, to remove any content posted at its absolute discretion. Art Edit does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
All live artwork listings, that are available to be purchased must be available for sale and physically exist. Listings that are “Commission Me” or “Commission Something Similar” will be removed permanently from Art Edit.
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.
Artists agree to respect Art Edit marketplace and not attempt to direct traffic away from Art Edit to make personal contact or sales outside of Art Edit. This includes not posting information in artist profiles or artwork descriptions which include:
Personal websites and/or email addresses
Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
Mentioning gallery representation and/or other establishments where works can be purchased.
Comments intended to encourage direct contact outside of Art Edit such as “visit my Facebook account or personal website to see more of my artwork”.
Watermarks on profile images, cover images or artwork images that are not in the bottom left or right corner of the artwork image and contain more information than the copyright symbol and the artist’s first and last name.
|Prices & Sales practice:||All prices shown on the Art Edit website are in Australian Dollars (AUD). Prices of artworks shown on the Art Edit website are set at the discretion of the Artist.
By using Art Edit, Artists are required to complete all sales on Art Edit which come from a Art Edit lead. This includes artist to collector introductions, Art Edit initiated exhibitions and leads to an Artist directly eg via social media where buyers are known to have discovered the artist via Art Edit. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises Art Edit then the artist should direct the buyer to complete the transaction on Art Edit.
|Taxation responsibility:||Each party 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 that you consult with your tax advisor as to the application of taxes for you, as the seller of the art. This may include GST and other transactional taxes.
Art Edit will not collect or pay taxes on your behalf as Art Edit is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Art Edit to deduct the base amount (which includes Art Edit’s margin for facilitation services, including tax where applicable) from the sales proceeds for your artwork before distributing your margin (which will include tax where applicable). The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. 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 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 Art Edit 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 Art Edit if you are registered for GST, as such any payment price set by you will be inclusive of GST. Art Edit will issue a tax invoice on your behalf and will ensure any copies of the invoices will also be sent to the artist. By using the Art Edit platform to sell art you agree that you will not issue an invoice to the member separately.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
|Trademark:||The Art Edit logo is a trademark of Art Edit. Use of the Art Edit logo is not authorised without express written permission from Art Edit.|
|Copyright:||All content on the Art Edit website is copyright of either Art Edit or the Artist. Content must not be downloaded or used without express written permission from Art Edit, 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.
|Refusal & Termination of Service:||Art Edit reserves the right to refuse service to anyone at any time and at its absolute discretion. Art Edit reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Art Edit reserves the right to terminate the Art Edit service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Art Edit under this agreement immediately reverts to the Artist.
|Warranties:||Art Edit offers an “as is” service. Art Edit does not supply any warranties in relation to content represented on the Art Edit website.|
|Disputes & Release:||Art Edit 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.|
|Liability:||The user assumes all responsibility and risk for use of the Art Edit website including and without limitation any of the content or information contained therein. Art Edit 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.|
|Disclaimer:||Art Edit does not represent or guarantee that the Art Edit service or the Art Edit website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Art Edit does not represent or guarantee that access to the Art Edit service or these websites will be uninterrupted.
The user acknowledges that the Art Edit service or the Art Edit 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 Art Edit’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Art Edit does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Art Edit does not warrant that all uploaded content will be available on our website. If Art Edit elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. Art Edit reserves the right to cancel and refund any sale made through the Art Edit website.
It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
Art Edit 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 this 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 of Use 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:
if the breach relates to goods:
the supply of equivalent goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if 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.
CONTACT & ACKNOWLEDGEMENT
|Contact:||If you have concerns relating to the Art Edit website or these Terms and Conditions of Use, please contact Art Edit via any of the following means:|