Terms & conditions

The website www.vasgallery.org.au (the Site) is owned and operated by Victorian Artists Society (ABN 75 004 046 824) (VAS). The following sets out the terms and conditions under which you may use this website. Use of the Site constitutes agreement with these terms and conditions.

Content of the Site
1.    VAS attempts to keep the content of the Site up to date. However, VAS does not warrant the accuracy or currency of the content the content. 
2.    You acknowledge that the content on the Site is liable to change at any time. 
3.    Prices quoted on the Site should be used as a guide only as they may change from time to time.
 
Links, Downloads, Plug-ins, Features and Advertisements
4.    VAS has not reviewed all of the sites, downloads, plug-ins, features or advertisements linked to this Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that VAS endorses the linked site, and use of the links is at your own risk. VAS does not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to it. 

Intellectual Property
5.    Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by VAS or its member artists. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or similar legislation which applies in your location, you may not in any form or by any means: 
a)    adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
b)    commercialise any information, products or services obtained from any part of this web site;
without written permission from the copyright owner.

Liability 
6.    To the extent allowed by law, VAS does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website. VAS does not accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through the Site. 
7.    With regards to any loss or damage which may be suffered by you in connection with the purchase of any products or services supplied via the Site, please refer to the Customer Terms.

1.    The Victorian Artists Society (ABN 75 004 046 824) (VAS, us, we, our) operates a platform allowing VAS members (Artist) to advertise their artwork (Art) to you via our platform at www.vasgallery.org.au (Site) or any other platform we may introduce in the future (together, the Platform). 
2.    Your access to and use of the Platform, including the purchase of Art is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms of Use).
3.    By using the Platform or the services, features or functionality offered through the Platform (Services) you agree to be bound by these Terms of Use.

SCOPE OF SUPPORT OF VAS SERVICE
4.    VAS acts as an online marketplace and gallery only.
5.    Apart from enabling you to identify potentially suitable Art supplied by the Artists, VAS accepts no liability for any aspect of you and Artist interaction, including the quality or description of the Art. 
6.    When a purchase is made through our Platform, a separate contract between the Artist and the Customer (Customer Agreement) will be formed. VAS will provide you with evidence of the purchase.

PAYMENT
7.    The price of Art on the Platform is inclusive of GST. 
8.    Payment for orders of Art are made through third party payments platforms, Stripe and/or Paypal, VAS accepts payment for your order of the Art on the Artist’s behalf.

DELIVERY
9.    The cost of delivery is not included in the price quoted for the Art (unless otherwise stated). The delivery costs will be determined upon you notifying us of your delivery address or instead informing us that you will collect the Art from our premises (if this option is available). If this option is selected, you are responsible for collection of Art within a reasonable time after purchase.

RETURNS
10.    We cannot accept returns for change of mind, so please make your selection carefully. To the extent you have rights under the Australian Consumer Law in respect of goods and services, we will honour those rights to provide a refund, exchange or repair depending on the nature of the failure.

COPYRIGHT
11.    Unless you have agreed otherwise in writing with the Artist, or to the extent otherwise set out in any applicable laws, the copyright in the Art remains with the Artist upon purchase. 
DISCLAIMER AND LIMITATION OF LIABILITY
12.    To the extent permitted by law, we have no liability under a Customer Agreement, which is between you and the Artist.
13.    To the extent permitted by law, we have no liability for any representation made by an Artist, including for its accuracy.

VARIATION
14.    If we make any variation to these Terms of Use, we will post them on our Site.
GENERAL
15.    These Terms of Use are governed by the laws of Victoria, Australia. You and VAS submit to the exclusive jurisdiction of the courts of Victoria, Australia.
16.    A failure by a party to exercise any right under these Terms of Use will not be considered a waiver of those rights.
17.    The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
18.    These Terms of Use may be assigned or novated by VAS provided there is no material detriment to you.
19.    These Terms of Use set out the entire understanding and agreement between you and VAS with respect to its subject matter.

Version November 2020