Intellectual property and restrictions on use of Content

All information, text, material, graphics, software and advertisements on www.australianartnetwork.com.au (“Content”) are Copyright ©1997-2009 Art Track Australia Pty. Ltd. trading as Australian Art Network, its suppliers and/or licensors unless expressly indicated otherwise on the site.

The Content is protected by Australian and international copyright and trademark laws. Content on the site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this site in any way except as expressly provided for on the Network or expressly authorised in writing by The Australian Art Network or its affiliates. Strictly on the condition that you keep all content intact and in the same form as presented on the site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

• using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
• if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the site in any manner or for any purpose which is unlawful or in any manner which violates any right of the Australian Art Network or an affiliate or which is prohibited by these Terms of Use.

Advertising, links to third party websites and e-commerce offers

The site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Austrlian Art Network and Australian Art Network is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Australian Art Network provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Australian Art Network or its affiliates. You link to any such website entirely at your own risk.

The site may contains third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Australian Art Network or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Australian Art Network, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

The product prices listed on the sites are accurate at the time the site was last updated. They are subject to change without notice by Australian Art Network. Any orders affected by such changes will not be fulfilled until the customer was made aware of the change and had agreed to the new price change. The Australian Art Network is not liable for any mistakes in the prices or price changes, including where price changes have not been reflected on the site. Your use of the site is subject to these terms of use.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Australian Art Network of goods or services on the site which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Australian Art Network does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all content is provided “as is” and without warranties of any kind, either express or implied, b) Australian Art Network and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Australian Art Network does not warrant that the functions contained in any content or your access to the site will be uninterrupted or error-free, that any defects will be corrected or that the site or the server which stores and transmits content to you are free of viruses or any other harmful components. d) Australian Art  Network does not warrant or make any representation regarding your access to, or the results of your access to, the site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Australian Art Network) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.

Under no circumstances (including but not limited to any act or omission on the part of Australian Art Network) will Australian Art Network or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the site or any content. You expressly acknowledge and agree that Australian Art Network does not exert control over users of the site (including individuals referred to on the site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Australian Art Network’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Australian Art Network to the following: * in the case of services supplied or offered by Australian Art Network, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and * in the case of goods supplied or offered by Australian Art Network, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

These Terms of Use are effective until terminated by Australian Art Network, and Australian Art Network may terminate this agreement and your access to the site at any time without notice. In the event of termination, you are no longer authorised to access the site, but all restrictions imposed on you, licenses granted by you and all Australian Art Network disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Australian Art Network relies on your continued observance of these Terms of Use. If Australian Art Network suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Australian Art Network for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.