TRADEART TERMS AND CONDITIONS
Becoming a Member and Acceptance of the Terms and Conditions: these terms and conditions govern the manner in which you may use the services provided by TradeArt which includes this website. By registering and becoming a member, you accept these terms and conditions and any amendment made from time to time by TradeArt. If you do not accept these terms and conditions, you must not become a member and you must not use TradeArt’s services and products.
Becoming a member is free but you must be at least 18 years of age. By registering as a member, in addition to accepting these terms and conditions, you warrant to TradeArt and those that you may do business with that you can and have the capacity to form a legally binding contract and that you will be in a position to complete any such contract on the due date for performance.
TradeArt reserves the right to amend the terms and conditions, either in full or part from time to time. Amendments will be posted on the TradeArt website and unless expressly advised in any such posting, will be effective immediately on posting. If you continue to use the TradeArt services and products after the posting of any amendment or amendments to the terms and conditions, you will be deemed to have accepted the amended terms and conditions.
Intellectual Property: TradeArt owns or has rights to use all of the proprietary and intellectual property rights, including without limitation, text, graphics, logos, icons, sound recordings, included in or used by the TradeArt website, the software in or associated with the use of the TradeArt website and any and all software, media and material underlying the TradeArt website, products and services provided by TradeArt to members.
Unless you obtain the express written consent of TradeArt, such consent may be withheld for any reason whatsoever, either reasonably or unreasonably, you may not, adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works in relation to any proprietary or intellectual property of TradeArt and in particular any such property associated with the website or products of TradeArt, or copy, use for commercial purpose to the exclusion (in part or whole) of TradeArt, or sell any information or items obtained from any part of the website of TradeArt or its associated products and services.
Indemnity: by registering as a member, you agree to indemnify TradeArt against any loss or damage suffered or demand, action or claim which may be instituted against TradeArt arising from any breach of these terms and conditions by you, any negligent, fraudulent or unlawful act by you or the publication by TradeArt of material supplied by you.
Accurate Information: in completing your membership registration you warrant that you have provided complete, accurate and current personal information and that you will maintain, update your personal information held by TradeArt and ensure that it is kept current at all times. TradeArt may need to verify your identity and details from time to time and by becoming a member you permit TradeArt to undertake such verification by any reasonable methods.
No Multiple Memberships: you must not, and warrant not to register as a member under multiple identities whether actual, false or together with others.
Termination of membership: TradeArt reserves the right, in its sole and absolute discretion to suspend or terminate your membership at any time where TradeArt receives any serious or multiple complaints about you from other members, if you breach these terms and conditions, if you impersonate another member, if TradeArt, in its sole and absolute discretion, deems your behaviour or the use of your TradeArt membership to be unacceptable or you have defaulted in any payment due to TradeArt.
Emails and newsletters: TradeArt will send you emails relating to your membership, transactions and other activities associated with the TradeArt website and for the purpose of promoting and marketing other TradeArt services and products to you. TradeArt may also send regular electronic newsletters to you. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Obligations as seller: if you are a seller, you may only and warrant that you will only place listings for items that actually exist, that you have a legal right to sell and have possession of and are intended to be sold.
When listing an artwork on TradeArt you must state whether you are the artist that produced the artwork or not. Where you are not the artist, you will properly recognise and attribute the artwork to the artist that produced the artwork. You are easily able to identify yourself as the artist checking the box “I am the artist” in the “List an artwork section”.
You must not list any item that is a fraudulent, fake, to be sold or passed off as an original and genuine artwork or is an unauthorised copy. You must not list an item that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or anything which infringes copyright or the intellectual property of any other person or bodies corporate, any items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any law.
As listings are not screened prior to listing, TradeArt reserves the right to remove any listing that it deems, in its sole and absolute discretion, unsuitable or in breach of the terms and conditions.
When you list any items for sale on TradeArt you warrant that you have the intention of using TradeArt services or products exclusively to advertise or sell your listed item. If you remove a listing then you will incur a non- refundable withdrawal fee of a minimum of $2.50 that will be added to your membership account with TradeArt and will be due and payable within 3 working days after the fee is charged to your membership account.
Once a buyer has made a confirmed order to buy your artwork, you agree and consent to the release of your email address to the buyer.
The seller agrees to pay to TradeArt a commission at the rate of 15% (inclusive of GST, if any) of the sale price of any item sold arising through (either directly or indirectly) the use of the TradeArt services and products. You are not to engage in any selling activity that will have the effect of depriving TradeArt of commission.
The seller’s commission fee will be, and the seller authorises the automatic deduction of, up to the full amount of the commission fee from the sellers membership account. It is your responsibility and liability as seller to have your membership account maintained with sufficient credit to satisfy the debt. If you need to increase the credit amount of your membership account, you may at any time do so by clicking on “Purchase credit” and following the instructions.
If you, as seller do not pay your commission fee debt within 3 working days after the date of your sale, TradeArt may, in its sole and absolute discretion suspend or terminate your membership without prejudice to TradeArts right to take and enforce debt recovery action against you. To avoid such an occurrence, TradeArt recommends that you purchase sufficient membership account credit during the process of registration and listing of items for sale.
As seller, you are fully responsible for protecting any intellectual property rights that you have in your item listed and the security of the item from infringement of such rights by any other member or visitor the TradeArt website.
Obligations as a buyer: as a buyer, you accept that by clicking on “purchase” you will be redirected to the next process which is confirming your order with the seller.
As a buyer, you accept that your purchase is an irrevocable acceptance to purchase the sellers item immediately when you have clicked on “confirm order”, and that upon taking such action you have formed a binding contract with the seller and you are obliged to purchase the item for the amount stated in the listing plus any postage or delivery costs as specified in the sellers terms of sale.
You must make full and prompt payment for any item you have contracted to purchase. If you make a purchase and do not pay for the item, in addition to being liable for breach of contract to the seller, you will receive a warning from TradeArt if the seller complains about you. After 3 complaints, TradeArt will suspend or terminate your membership.
TradeArt Membership Accounts: every member must maintain a membership account with TradeArt which will be maintained as a credit account from which member’ fees as described in these terms and conditions and as amended from time to time are to be paid from.
By becoming a member you agree that TradeArt may deduct monies owed to TradeArt by you up to the full balance of any credit balance in your membership account to pay any debt that you have to TradeArt, without prejudice to TradeArt’s right to recover the balance of any unpaid amounts.
Without limitation to the foregoing, fees charged by TradeArt will include:
1. Commission fees;
Listing artwork with TradeArt is free. No listing charge applies.
You should always maintain a credit balance in your membership account to ensure that you can complete your payment obligations to TradeArt. If you have a negative balance at any time, this means that you owe TradeArt a debt and you must settle any such debt immediately. TradeArt reserves the right to take action against you to recover debts and in addition to the amount of the debt outstanding, Trade Art may at its sole and absolute discretion recover from you reasonable administration fees and all expenses, including legal and collection fees on a full client charged basis that are incurred in the recovery process chosen by TradeArt: these charges may be enforced by TradeArt whether the debt is recovered as a result of enforcement action or if you elect to pay the debts prior to the conclusion of any enforcement action.
Privacy Policy: by registering to become a member, you consent to TradeArt collecting and holding your personal information which will be held and used in compliance with the privacy principles of the Privacy Act 1993.
You agree that TradeArt may use the personal information provided by you from time to time to assist TradeArt in providing services and products to you, for research purposes, to verify your identity, for promoting and marketing other TradeArt products and services, and for any other use that you authorise.
In dealing with your personal information, TradeArt will not sell or allow third parties to access your personal information without your consent. TradeArt will however release your personal information when required to do so in compliance with any legal demand or requirement to do so, to enforce or apply rights pursuant to these terms and conditions; or to protect the rights of other members and users of TradeArt Limited services.
General Provisions: TradeArt will use its reasonable endeavours to ensure the availability of the TradeArt website and services, subject to any downtime and required maintenance when required as determined by TradeArt in its sole and absolute discretion. TradeArt shall not be liable in any way whatsoever and takes no responsibility for any internet or system unavailability generally, or for any loss whatsoever that is incurred as a result of the TradeArt website or services being unavailable.
Except as otherwise stated in these terms and condition, TradeArt is not liable to you or any other person for liability of any kind whatsoever or howsoever occasioned, including negligence, arising from the use or inability to use the TradeArt website, services or products.
TradeArt is not an agent for either buyer or seller or a party to any sale and purchase contract or transaction entered into by any party arising from the use of or associated with the TradeArt website or services or products. Any contract entered into by you and any other party using the TradeArt website or services is entirely at your own risk and you agree not to involve, attempt to involve, or join or attempt to join TradeArt in any dispute or proceeding or in the resolution of any dispute or proceeding that arise between you and any other party to a sale and purchase agreement or transaction.
These terms and conditions are governed and the interpretation construed by the laws of New Zealand and TradeArt and you as member submit to the exclusive jurisdiction of the courts of New Zealand.
You agree that you will not do any act or omit any act that will or may have the effect of detrimentally compromising the security of TradeArts website, services and products, including without limitation that such act or omission may be physical or electronic and that you will maintain security measures to prevent any person or electronic device from accessing or interfering with your membership account or the property of TradeArt.
If any dispute arises in relation to these terms and conditions you agree that in the first instance the matter is to be resolved by a dispute resolution process conducted by you and a representative of TradeArt and if the dispute is still not resolved after a reasonable time, the matter will be referred to a mediator appointed jointly by the parties or by the President for the time being of the New Zealand Law Society and the costs of the mediation will be borne equally.