Terms and Conditions
Website Terms and Conditions of Use relating to https://onlineart.gallery; Online Art. Gallery.
These Terms and Conditions (“the T&C’s”) govern your (“the User”) use of the Online Art. Gallery website located at the domain name https://onlineart.gallery(“the Site”). By accessing and using the Site, the User agrees to be bound by the T&C’s set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distributes content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Site or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
Works which are not available for purchase will not be added to your shopping basket. However, due to the fact that each Work is unique there is a possibility that a Work that has been checked out may be unavailable for purchase. Please enquire if you are unsure.
The Business shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Works featured on the Site for any reason whatsoever.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Site), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Updating of these T&C’s
Provider reserves the right to change, modify, add to or remove from portions or the whole of these T&C’s from time to time. Changes to these T&C’s will become effective upon such changes being posted to this Site. It is the User’s obligation to periodically check these T&C’s at the Site for changes or updates. The User’s continued use of this Site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these T&C’s, including such changes or updates.
Copyright and Intellectual Property Rights
All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying the Business and/or any third party is the property of the Business or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Business and is protected by South Africa and international copyright laws. The Business hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with the Site. Unless otherwise explicitly stated by the Business, the copyright of any Works remains with the Business.
The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.
Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified above, modification, distribution or republication of any part of such materials without the prior written permission of the Business, is strictly prohibited.
Nothing contained in these T&C’s shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by the Business, the Artist or any third party.
Limited License to General Users
Provider grants to the User, subject to the further terms of these T&C’s, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Site and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Site or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Site or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Site.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Site and all Content on the Site, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Site or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Site without providing any personal information. The Site servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Site, pages viewed, etc. The Provider uses this information to determine use of the Site, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Site is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Site from territories or countries where the content or purchase of the products sold on the Site is illegal is prohibited. The User may not use this Site in violation of South African export laws and regulations. If the User accesses this Site from locations outside of South Africa, that User is responsible for compliance with all local laws. These T&C’s shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these T&C’s are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these T&C’s, and the remainder of these T&C’s shall continue in full force and effect. These T&C’s constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Site.
This website is run by Online Art. Gallery based in South Africa by the Owners.
If you have any questions, queries or wish to request permission to use any part of this website, please contact us via email.
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html