THOMAS ORRIN GALLERY
PRIVACY POLICY
This policy sets out how Thomas Orrin ABN 18 441 482 176 (we) may collect, hold and disclose personal information.
Why do we collect personal information?
We collect personal information to:
· provide products to our customers
· communicate with our customers, suppliers and other business contacts
· manage and account for our products
· inform our customers and other business contacts about product and industry developments
· promote and market our products and send invitations to our events
· manage our employees and contractors
· generally carry on our business
What personal information do we collect?
We collect an individual’s name and contact details, and information about the individual’s occupation, employer and relationship with us or our customers and potential customers, and about the individual’s relationship with our other business contacts.
We also collect the information necessary to provide the specific products our customers require, as well as credit card and payment information from time to time.
How we collect personal information
We collect personal information directly from an individual when that individual meets with us, communicates with us by letter, telephone, email or fax, gives us a business card, registers for or attends our events or submits information through our online outlets.
We may also collect information about an individual from our customers, potential customers and their business contacts or our other business contracts, and from publicly available records or a third party eg a provider of an employment or other reference.
Cookies
We may ask other people to analyse traffic on our websites, blogs and other social media outlets and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type or website visiting patterns.
Anonymity and pseudonyms
Individuals have the right not to identify themselves, or to use a pseudonym when dealing with us. However, if we request personal information and it is not provided, we may not be able to provide products to or otherwise assist the relevant individual.
General use and disclosure
We use and disclose personal information for the primary purpose for which it was collected, related purposes and other purposes authorised by the Privacy Act 1988 (Cth). In general, we use and disclose personal information for the purposes set out in this privacy policy.
Use and disclosure for promotion and marketing
We will only use an individual’s personal information to market products or to send invitations to events where we give that individual an opportunity to request us not to use the information for such purposes. We will not use an individual’s personal information for such purposes if the individual requests us not to do so.
To whom do we disclose personal information?
We may disclose personal information to our employees and to other persons in connection with the provision of our products including our customers, suppliers and their contractors and other business contacts.
We may disclose or allow access to personal information that we collect to our supplier, contractors, and other business contacts that help us in our business. For example, contractors may distribute some of our publications and develop and maintain our computer systems, electronic records, websites, blogs and other social media outlets.
Our auditors, insurers and legal and other professional advisers may also access our records to protect our interests and to ensure that we comply with our obligations.
We may also disclose personal information about an individual to anyone else with the consent of that individual, or as otherwise required or permitted by law.
How do we keep personal information secure?
We take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. We may store hard copies of this information in access controlled premises, and digital versions on secure servers. We require all persons authorised to access digital information to use logins and passwords to access such information.
We require all our contractors and others to whom we disclose personal information or whom may have access to personal information we collect, to keep such personal information private and to protect such personal information from misuse and loss and from unauthorised access, modification or disclosure.
Unless we are prevented to do so by the law, we de-identify or destroy securely all personal information we hold when no longer reasonably required by us.
Integrity of personal information
We take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete and that the personal information we use or disclose is accurate, up to date, complete and relevant, having regard to the purpose of such use or disclosure.
To that end, we encourage you to contact us to update or correct any personal information we hold about you.
Contact us
To request access to or correction of personal information, to request not to receive marketing material or invitations from us, or to make a privacy complaint to us, please contact us at misterspotpainting@gmail.com[NP1]
Changes to Privacy Policy
We reserve the right to make changes to this Privacy Policy from time to time and without notice by publication on our website.
Your continued use of our website, or otherwise placing an order with us, will constitute your automatic acceptance of any amendments made to this Privacy Policy from time to time.
We recommend that you regularly review our Privacy Policy to ensure you are aware of any changes.
THOMAS ORRIN GALLERY
TERMS AND CONDITIONS OF SALE
1. APPLICATION
1.1 Unless the Seller expressly agrees otherwise in writing, these Conditions apply to the sale of all Artwork by the Seller to the Customer from the Website or otherwise.
1.2 The Customer is deemed to have read and agreed to these Conditions by placing an Order.[NP1]
1.3 These Conditions prevail over all inconsistencies in an Order, unless the Seller expressly agrees otherwise in writing.
1.4 The Seller may vary these Conditions at any time and any such variations will have effect from the date of publication on the Website.
2. ORDERING OF ARTWORK
2.1 The Seller is not taken to accept an Order unless the Seller expressly accepts that Order in writing.[NP2]
2.2 The Seller may supply Artwork on the basis of an Order (whether written or oral) but will not be responsible for any errors or omissions resulting from incomplete or unclear instructions relating to an Order.
2.3 If the Seller agrees to supply Artwork outside the scope of any Order (including in respect of Commissioned Artwork[NP3] ), the Seller may require that the Customer enters into a separate agreement for the relevant Artwork.
3. DELIVERY OF ARTWORK
3.1 Any scheduled delivery times advised by the Seller are estimates only and the Seller will not be liable to the Customer or any other person for late delivery or non-delivery.
3.2 No delay in delivery or dispatch of the Artwork relieves the Customer from its obligations to accept or pay for the Artwork.
3.3 The Seller may at its option deliver Artwork by portion unless otherwise agreed in writing by the Seller.
3.4 The Seller reserves the right to deliver the Artwork to the Customer by any means it thinks fit.
3.5 Delivery will be taken to have occurred when the Artwork is off-loaded at the Customer's specified location for delivery, or if the Artwork is collected from the Seller, upon collection by the Customer or their agent.[NP4]
4. RISK[NP5]
4.1 The risk of damage to, or loss of, the Artwork passes at the time of delivery or receipt of goods if collecting from the premises of the Seller. To the extent that the Seller accepts responsibility for damage to Artwork in transit, such responsibility ceases on delivery to the Customer. The Seller will accept no liability for damage to Artwork in transit unless notified in writing by the Customer to it and to the carrier concerned within 24 hours after delivery of the Artwork to the Customer.
4.2 The Customer must examine the Artwork on receipt and notify the Seller of any damage which is reasonably apparent within 24 hours of delivery. The Customer must provide all necessary assistance to allow the Seller to investigate such damage. [NP6]
5. Limitation of Liability
5.1 The Seller is not liable for any warranty or representation in relation to the Artwork unless expressed in writing and signed by the Seller and any such warranty or representation is limited to its express terms.
5.2 A guarantee, condition, warranty or other term of a Contract implied by law will only apply to the extent it cannot be lawfully excluded.
5.3 The Seller’s liability to the Purchaser is limited to supplying substitute Artwork or providing credit to the Purchaser for non-conforming or defective Artwork supplied.
5.4 In no circumstance will the Seller be liable to the Purchaser:
5.4.1 in tort for any loss or damages suffered; or
5.4.2 for any economic loss, including loss arising from interruption of business or loss of profits, or any other indirect or consequential loss.
5.5 This clause 5 does not limit the liability of the Seller under the Australian Consumer Law.
6. PRICES AND GST
Unless otherwise stated, all prices quoted by the Seller are exclusive of Goods and Services Tax (GST) and the amount payable by the Customer will be increased by a percentage equal to the prevailing rate of GST at the time of the delivery of the Artwork.
7. PAYMENT
7.1 The purchase price for an Artwork will be displayed on the Website, or in the case of a Commissioned Artwork[NP7] , agreed by the Seller and Customer in writing.
7.2 Payment for an Artwork must be made in full at the time of the Order unless otherwise agreed in writing by the Customer and the Seller.
7.3 In relation to Commissioned Artwork[NP8] , the Seller may, but is not obliged to, accept from the Customer an initial, non-refundable 80% down payment of the purchase price, and the balance of the purchase price within 14 days following completion of the Commissioned Artwork.
7.4 The Seller is under no obligation to produce, deliver or dispatch the Artwork until such time as the payment for an Artwork has been received by the Seller in clear funds.
8. TITLE TO ARTWORK
Title to and property in the Artwork, other than all Intellectual Property relating to the Artwork, will not pass to the Customer until the Customer has paid all moneys owed to the Seller on any account whatsoever.
9. Intellectual property
9.1 The Seller retains ownership of all Intellectual Property Rights, and the Customer acquires no right, title or interest in any Intellectual Property Rights, relating to the Artwork at all times.
9.2 The Seller grants to the Customer an irrevocable royalty free licence to use the Artwork for its own, personal and domestic purposes. The Customer may not:
9.2.1 sub-licence its rights under this clause or allow any third party to copy or use the Artwork without the Seller’s consent;
9.2.2 reproduce, recreate, adapt, make derivatives of, or otherwise deal with the Artwork in any manner for any purpose that may infringe the Intellectual Property Rights of the Seller.
10. commissioned works[NP9]
10.1 A Customer may commission the Seller to produce a Commissioned Artwork on such terms as the Seller and the Customer agree in writing, including without limitation terms relating to price, design and delivery.
10.2 If a Customer cancels an order for a Commissioned Artwork, the Seller may display and sell that Commissioned Artwork on the Website or by any other means in the Seller’s sole discretion.
11. RETURN OF ARTWORK
11.1 Unless required by law, the Seller is not bound to accept Artwork returned by the Customer.
11.2 Artwork may not be returned for credit or refund except with the express consent of the Seller, which may be given at its discretion and only if the Artwork is returned in prime condition, in suitable packaging and within thirty (30) days from the date of delivery.
11.3 All Liabilities incurred by the Seller in arranging any refund, credit or return of Artwork shall be wholly borne by the Customer, and in this regard, the Seller shall have the right to deduct such amounts from any refund or credit provided to the Customer.
11.4 The Customer must provide the Seller with the expected delivery date for the return of Artwork.[NP10]
12. CANCELLATION
12.1 The Customer may only cancel an Order with the consent in writing of the Seller on such conditions as the Seller deems necessary, including that the Customer must indemnify the Seller against all Liabilities resulting from such cancellation.
12.2 If an Order is cancelled prior to the Seller dispatching Artwork, the Seller may, but is not obligated to, offer a refund to the Customer in respect of such Artwork in accordance with clause 11.3.
13. CUSTOMER'S ACKNOWLEDGMENT AND AGREEMENT
The Customer hereby acknowledges having read these Conditions and agrees to be bound by the above terms and conditions of sale by purchasing any Artwork from the Seller.
14. INTERPRETATION
14.1 In these Conditions:
14.1.1 Artwork means any piece of artwork (including Commissioned Artwork) or other product purchased by the Customer from the Seller from time to time;
14.1.2 Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
14.1.3 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
14.1.4 Commissioned Artwork means any artistic work specifically produced for the Customer by the Seller based on specifications and discussions between the Seller and the Customer in accordance with clause 10.1;
14.1.5 Conditions means these terms and conditions of sale;
14.1.6 Contract means the contract for the sale and purchase of the Artwork in accordance with these Conditions, as evidenced by acceptance of any Order from the Customer by the Seller;
14.1.7 Customer means the purchaser of any Artwork from the Seller;
14.1.8 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright , moral rights and rights in the nature of or analogous to copyright) or any rights to registration of such rights (including all renewals and extensions) whether created before or on or after an order for Artwork;
14.1.9 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent;
14.1.10 Order means an order for the supply of Artwork to the Customer from the Website or otherwise as agreed in writing between the Customer and the Seller;
14.1.11 Seller means Thomas Orrin ABN 18 441 482 176[NP11] ;
14.1.12 Website means https://www.thomasorrin.gallery.
15. Interpretation
In these Conditions unless the context otherwise requires:
15.1 headings do not affect interpretation;
15.2 singular includes plural and plural includes singular;
15.3 words of one gender include any gender;
15.4 a reference to a party includes its executors, administrators, successors and permitted assigns;
15.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
15.6 an agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
15.7 an agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
15.8 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
15.9 a provision is not to be construed against us only because we prepared it;
15.10 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;
15.11 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.
THOMAS ORRIN GALLERY
WEBSITE TERMS AND CONDITIONS
1. Introduction
These Conditions are in effect at all times while you are using the Website. By using the Website, you agree to these Conditions. Please read them carefully.
2. OUR Website
2.1 While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
2.1.1 the use of the Website will be uninterrupted or virus and error free;
2.1.2 any information contained in the Website is complete, accurate or up to date.
2.2 Where the Website contains information, opinions or advice of or given by third parties, we do not endorse such information, opinions or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions or advice.
2.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.
2.4 We may ask other people to analyse traffic on the Website and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type or website visiting patterns.
2.5 Access to the Website may be terminated at any time by us without notice.
3. links to other websites
Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to the Website, you do so at your own risk.
4. your conduct
4.1 You must not post or send to the Website any information or other material:
4.1.1 that is inaccurate or misleading or deceptive in any material respect;
4.1.2 that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);
4.1.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
4.1.4 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
4.1.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
4.1.6 that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
4.2 You must not use the Website for:
4.2.1 the advertising, promotion or sale of goods or services or any other commercial activity;
4.2.2 any conduct that would be a criminal offence, give rise to a civil liability, or otherwise be contrary to the law in Australia,
nor may you solicit any Other User for such purposes.
4.3 You must not through the Website or in any other manner, harass, annoy, intimidate or threaten us or our employees or agents or any Other Users.
4.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.
5. OUR LIABILITY
5.1 Except to the extent permitted by the Australian Consumer Law, this clause does not limit our liability in respect of any Consumer Guarantees.
5.2 Except where otherwise required by law (including the Australian Consumer Law):
5.2.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with these Conditions or your use of the Website and the licence in clause 7.3 are excluded;
5.2.2 we are not liable in tort for any loss or damage suffered by you or by any other person;
5.2.3 we do not accept responsibility for any Liabilities which you may incur in connection with these Conditions, your use of the Website or any linked website, or the licence in clause 7.3, and you release us from any Claim relating to such Liabilities;
5.2.4 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with these Conditions, your use of the Website or the licence in clause 7.3;
5.2.5 you indemnify us against all Liabilities which we may incur and release us from any Claim in connection with these Conditions, your use of the Website and the licence in clause 7.3.
6. Privacy
6.1 We are committed to protecting your privacy. We collect Personal Information to provide and market our services. We may disclose that information to our employees and to other persons where required in connection with the provision of our products or services. We may also disclose that information to our contractors, suppliers, auditors and professional advisers who assist us in our business.
6.2 We will generally not provide Personal Information to overseas recipients without consent unless required or authorised by law. We may provide Personal Information to overseas recipients to the extent required to provide specific products or services to specific customers.
6.3 If you do not provide us with any Personal Information we may request from you, we may not be able to provide you with our services or otherwise assist you.
6.4 Our https://www.thomasorrin.gallery/terms-and-conditions contains information about how you may access or correct information we hold about you, how you can complain about a breach of privacy and how we will deal with such complaints.
7. Intellectual Property
7.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.
7.2 Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us.
7.3 We grant you a non exclusive non transferrable royalty free licence to print and download material from the Website for your personal and non commercial use, provided that you do not modify such material without our consent.
7.4 The licence in clause 7.3 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Conditions.
7.5 Subject to the limited licence in clause 7.3, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not, in any form or by any means:
7.5.1 download, print, display, perform, reverse engineer, modify, reproduce, transmit, disseminate or publish such material;
7.5.2 create derivative works from any part of such material; or
7.5.3 commercialise any information, products or services obtained from any part of the material,
without our consent or, in the case of third party material, the consent of the owner of the copyright in that material.
7.6 With the exception of Personal Information, the use of which is covered under our https://www.thomasorrin.gallery/terms-and-conditions any material you send or post to the Website or you otherwise provide to us will be considered non-proprietary and not confidential.
7.7 By posting or sending material to the Website or otherwise providing material to us, you:
7.7.1 warrant to us that such material does not infringe any Intellectual Property Rights of any person; and
7.7.2 grant us an irrevocable, perpetual non exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
7.8 You must notify us as soon as practicably possible, in the event you believe that any material on the Website constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.
8. reservation of rights
8.1 We reserve the right at any time without notice to you to remove, alter, amend, vary or otherwise change these Conditions and any material on the Website at any time.
8.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you send or post to the Website and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.
9. Your Breach
9.1 You indemnify us against all Liabilities which we may incur in respect of your breach of these Conditions.
9.2 Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
10. contact us
Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Conditions. Please contact us by email at misterspotpainting@gmail.com.
11. General
11.1 Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.
11.2 You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.
11.3 These Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.
11.4 If there is any conflict between anything in these Conditions and anything else in the Website, these Conditions prevail.
11.5 A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
11.6 The failure, delay, relaxation or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.
11.7 An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.
11.8 Any indemnity or release in these Conditions survives termination of access to or closure of the Website. Any other provision in these Conditions intended to do so, survives the suspension or termination of access to or closure of the Website.
11.9 The validity and interpretation of these Conditions are governed by the laws of South Australia. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
12. Definitions
In these Conditions, unless the context otherwise requires:
12.1 Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
12.2 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
12.3 Conditions means these Terms and Conditions as amended from time to time.
12.4 Consumer Guarantees means the consumer guarantees under the Australian Consumer Law.
12.5 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
12.6 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
12.7 Other User means a third party using the Website.
12.8 Personal Information has the meaning set out in the Privacy Act.
12.9 Privacy Act means the Privacy Act 1988 (Cth).
12.10 Related Company means a related body corporate with the meaning of the Corporations Act 2001 (Cth).
12.11 Website means the website at https://www.thomasorrin.gallery/shop and includes all information tools and other material posted or accessible from that website.
12.12 We, our and us refers to Thomas Orrin ABN 18 441 482 176[NP1] .
12.13 You, your and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part and includes a person who places an order for a product through the Website or who makes a payment in connection with the use of the Website.
13. Interpretation
In these Conditions, unless the context otherwise requires:
13.1 headings do not affect interpretation;
13.2 singular includes plural and plural includes singular;
13.3 words of one gender include any gender;
13.4 a reference to a party includes its employees, officers, contractors, executors, administrators, successors and permitted agents and assigns;
13.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
13.6 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
13.7 a provision is not to be construed against us only because we prepared it;
13.8 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;
13.9 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.