Terms & Conditions
Introduction
Welcome to www.artspay.com (the 'Website'). This Website provides information about ArtsPay Pty Ltd (ACN 646 739 531, hereafter ‘ArtsPay’), as well as access to a range of services provided by ArtsPay and its partners (the 'Services').
Access to and use of the Website is provided by ArtsPay. Please read these terms and conditions (the 'Terms') carefully.
ArtsPay reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ArtsPay updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Licence to use Website
ArtsPay grants to you a non-exclusive, revocable, limited, worldwide, non-transferable licence to use the Website for your general information and your own personal use in accordance with these Terms.
Acceptance of the Terms
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
Third Party Websites and Third Party Content
The Website provides information on a range of services provided by our partners. This includes:
- Fiserv Australia PTY LTD (ABN: 15 081 056 911) of Level 11, 15 Blue Street, North Sydney NSW 2060, Australia.
Fat Zebra PTY LTD (ABN: 89 154 014 785) of Level 2, 58-62 Kippax Street, Surry Hills NSW 2010, Australia.
MVSI Onboard PTY LTD (ABN: 64 631 520 155) of Level 11, 15 Blue Street, North Sydney NSW 2060, Australia.
To gain access to those services, you may be required to make an application for those services through third party websites. - ArtsPay is not responsible for the operation, security levels, content or any other aspect of any third party website.
- When accessing third party websites (either independently or via links on our Site) ArtsPay recommends that you:
- make your own enquiries as to the suitability of the content of third party websites and the goods and services available for sale on them; and
- read the terms of use and privacy policy governing the third party websites, which will apply to your use and acquisition of products from the third party websites.
User Conduct
You represent and warrant to us that you:
- will be solely responsible for all your activities on the Website;
- have the legal capacity to enter these Terms;
- are 18 years of age or older. No person under the age of 18 may use this Website to access Services;
- will keep all passwords, account names, log in identifiers required to access the Website secure and confidential;
- will not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
- will not use the Website to misrepresent your identity or affiliation with any person or organisation;
- will not use the Website to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter or use any part of our Website to send commercial messages in contradiction of the Spam Act 2003 (Cth)
- will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, any associated website or any other website.
- will not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
- will not attempt to bypass the network firewall;
- will not use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access part of the Website which you are not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.
- will not use or attempt to use the Website for any unlawful, criminal or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, and injection of computer viruses and intentional invasion of privacy.
Termination or Suspension of Use
These Terms terminate automatically if, for any reason, ArtsPay ceases to operate the Website.
ArtsPay has the right, but not the obligation, to monitor any activity on the Website. ArtsPay may investigate any reported violations of these terms or complaints and take any action that it deems appropriate. ArtsPay reserves the right to suspend or terminate your account or access to our Site at our sole discretion if we believe that you have breached or may breach these Terms.
While ArtsPay may endeavour to notify you of a breach of these Terms and ways in which you may remedy those breaches, we are under no obligation to do so.
Where we have suspended or terminated your account or access to our Site, you must not attempt to circumvent this action by registering or attempting to register again under alternative username(s).
Content
The content provided on the Website is for information purposes only and should not be considered an offer or advice.
The website does provide nor constitute financial advice and should not be taken as such.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- ArtsPay will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ArtsPay make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ArtsPay) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of ArtsPay; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
ArtsPay's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that ArtsPay, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Indemnification
You agree to indemnify ArtsPay, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
Copyright and Intellectual Property
The Website, including all materials, texts, drawings, graphics, logos, icons, scripts, website code and any data made available on the website (“Materials”) are owned by ArtsPay and are protected by Australian and international intellectual property laws.
Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
All trademarks, service marks and trade names are owned, registered and/or licensed by ArtsPay, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
ArtsPay retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
Website Privacy and Security
ArtsPay takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ArtsPay's Privacy Policy, which is available on the Website.
We store your personal information securely on computers located in Australia and on the servers of international cloud system providers whose details are available on request. Your information will only be stored for seven years or as long as we are legally required to, whichever is longer.
we strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you by email.
Any changes we may make to our Privacy Policy in the future will be posted on the website.
For more information please see our Privacy Policy here.
Venue and Jurisdiction
The Services offered by ArtsPay are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.