NEWCASTLE ART GALLERY FOUNDATION WEBSITE TERMS AND CONDITIONS OF USE

  • 1.AGREEMENT

Newcastle Art Gallery Foundation (ACN 001 547 968) (“the Foundation”, “NAGF”, “we”, “us”, “our”) provides its website at htpp://www.nagfoundation.org.au and or any other domain names owned by the Newcastle Art Gallery Foundation (“Website”) to you (“you, “your”, “User”) subject to this Privacy Policy and these Terms and Conditions of Use (“Agreement”).

By your continued use of the Website you are deemed to agree to and accept the terms of this Agreement and the Privacy Policy as varied from time to time.

If you do not agree to the terms of this Agreement you should not continue to use this site.

  • 2.PRIVACY POLICY

The Foundation is committed to protecting your privacy. The Foundation complies with the Australian Privacy Principles of the Privacy Act 1988 (under the Privacy Amendment (Enhancing Privacy Protection) Act 2012(Cth)) and all other relevant Australian legislation.

The Foundation may collect anonymous information about your usage of the Website such as your IP Address and the Website pages you visit. The Foundation may also collect any personal information you choose to provide to us via the “Contact Us” page. The Foundation may send HTML-based emails to you from time to time and track whether you choose to open these emails. This information is collected primarily to improve your visit to the Website and to optimize your viewing experience.

The Foundation may use any email addresses provided by you to us via the “Contact Us” page or by any other means to send updates and news regarding the Foundation or the Website. You may choose not to receive communications of this type by “opting out” at the bottom of any such email communication.

The Foundation may use cookies to store information about your visits to the Website, which allows us to improve your viewing experience. Cookies are stored on your machine but do not identify you or give us any information other than what you choose to provide us with. The Foundation does not link any information that the Foundation stores in cookies to any personally identifiable information that you may send to us via the “Contact Us” page. You may be able to configure your browser and/or firewall to reject these cookies, however your use of the Website may be diminished if you choose to do so.

The Foundation may provide links to other websites on our Website. The Foundation is not responsible for the privacy policy and/or practices of those third party websites and does not endorse the content or opinions expressed therein. You should be sure to read the privacy policy of any third party website you choose to access.

The Foundation may provide information collected by us through the Website to the Newcastle Art Gallery (NAG) and the Newcastle Art Gallery Society (NAGS) to facilitate communication of relevant information to Foundation members.

The Foundation uses reasonable measures to ensure that any information collected by us is kept private however the Foundation cannot guarantee the security of such information despite such efforts.

Other than as provided in this Agreement, the Foundation will not disclose any personal information to any Third Parties without your consent unless the Foundation is required to do so by law or to enforce the terms of this Agreement or in the event of the transfer or sale of the Foundation to any third party.

For a more detailed view of our Privacy Policy, click here.

  • 3.USE OF THE WEBSITE

This Website is for your personal, non-commercial use only. You are strictly prohibited from the following:

a) downloading, copying, altering, modifying, distributing, adapting, modifying and/or re-transmitting any or all of the content on the Website without our written consent;

b) using the Website or content therein for any commercial use.

  • 4.INTELLECTUAL PROPERTY

The Foundation either owns or has a valid licence to use all intellectual property included on this Website, including, but not limited to registered and unregistered trade marks, graphics, logos, text, images, audio, video clips, software, data compilations, button icons and digital downloads.

It is the intention of the NAG Foundation to comply with all Australian copyright regulations. Where any image has been reproduced we have sought to provide acknowledgement and reproduction approval from the artist or licensing authority. Any breach of any copyright regulations are unintended and will be corrected as soon as possible after being notified.

Should you have any copyright concerns please contact us.

Nothing in this Agreement grants you any licence or any right to use, in any way, any of the intellectual property included on the Website without our prior written consent.

  • 5.TERMINATION

The Foundation reserves the right, in our sole discretion, to restrict or terminate your access to the Website, without prior notice to you and without incurring any liability.

  • 6.DISCLAIMERS

Third Party Websites

The Website may contain links to third party websites. The Foundation does not monitor such websites, is not responsible for the material and content included on them and is not responsible for any potential damage arising out of or in connection with your use of such links. Any User access to third party websites is at their own risk.

Use of the Website and Technical Issues

While the Foundation has made every effort to ensure that information is free from error, the Foundation does not warrant the accuracy, adequacy, suitability or completeness of material on the Website. Despite our best efforts, the Foundation makes no warranties that our Website is free from infection by computer viruses or other contamination or that the Website will be available, or that access to the Website or third party websites will be uninterrupted.

You are responsible for taking appropriate precautions for the protection of your computer system and data.

Under no circumstances shall the Foundation be liable for any loss or damage, including personal injury or death, resulting from use of our Website or from the conduct of any other Users on the Website. The Website is provided “as is” and “as available” and the Foundation expressly disclaims any warranty of fitness for any particular purpose or non-infringement.

Territory

Our Website is controlled, hosted and offered from its facilities in Australia. The Foundation makes no representations as to the availability or appropriateness of the Website for use from other territories. Any access from other territories is at the User’s own risk and the User is responsible for compliance with any local laws.

Limitation of Liability

Except for any liability that by law cannot be excluded, under no circumstances will the Foundation, its directors, employees, agents and contractors accept liability for any direct or indirect loss, damage or cost (including, but not limited to legal costs) resulting from any use or access or inability to use or access the Website.

You indemnify and agree to keep harmless the Foundation and its directors, employees, agents and contractors in respect of any claim, proceedings and expenses (including, but not limited to legal expenses) arising out of any breach by you of this Agreement or any negligent act or omission in performing your obligations under this Agreement or the infringement by you of any intellectual property or other rights of any person or entity.

 

NEWCASTLE ART GALLERY FOUNDATION ONLINE CUSTOMER TERMS AND CONDITIONS OF USE

  • 1.AGREEMENT

The Foundation Online Order System is operated by Newcastle Art Gallery Foundation (ACN 001 547 968) trading as the Newcastle Art Gallery Foundation and/or its authorised agents (“the Foundation” or “NAGF” or “we” or “us” or “our”). The Foundation Online Order System comprises the Foundation Website, the software associated with this Website and the facility to enter into transactions to place an order for products sold by the Foundation or for any other monetary payment, including for membership, donations or similar Order (“Products”).

By viewing, using, accessing, browsing, or submitting any content or material on the Foundation Online Order System, you agree to these Online Customer Terms & Conditions of Use, our Privacy Policy, and our Website Terms & Conditions of Use (collectively our “Terms & Conditions” or “Agreement”) as a binding legal agreement between you and the Foundation.

If you do not agree to these Terms & Conditions of Use, then you may not use the Foundation Online Order System.

  • 2.PRIVACY

The Foundation is fully committed to respecting your privacy. For a more detailed view of our Privacy Policy, click here. 

  • 3.USE OF THE FOUNDATION ONLINE ORDER SYSTEM

The Foundation Online Order System is only for the use of purchasers of Foundation Products (or other monetary payments as outlined above) within Australia. Products bought online can only be delivered within Australia. By registering for the Foundation Online Order System, you warrant to us that you are at least eighteen years old.

You must keep secure any means of identification that the Foundation provides to you in order to access the Foundation Online Order System. The Foundation takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties. You are responsible for all use of the Foundation Online Order System, and all transactions entered into by means of the Foundation Online Order System, using this user identification.

You agree to comply with the Foundation’s Website Terms & Conditions of Use available here. You further agree:

  • (a) not to use the Foundation Online Order System for any commercial or re-supply purposes;
  • (b) not to access the Foundation Online Order System using a third-party's account/registration without the express consent of the account holder;
  • (c) not to use the Foundation Online Order System for illegal purposes;
  • (d) not to commit any acts of infringement on the Foundation Online Order System or with respect to content on the Foundation Online Order System;
  • (e) not to copy any content for republication in print or online or any other purpose;
  • (f) not to disrupt, interfere with, or otherwise harm or violate the security of the Foundation Online Order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Foundation Online Order System or affiliated or linked sites.

  • 4.ORDERS

The Foundation reserves the right at our absolute discretion to decline or accept Orders made through the Foundation Online Order System. Any automatic confirmations for such Orders are contingent on our view of any risks, potential delays, or other issues that may arise that are beyond the control of the Foundation Online Order System.

You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

  • 5.PRICING

Full payment for orders and Products must be made at the time of purchase.

GENERAL

The Foundation may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on the Foundation Website. The amended Agreement will take effect from the time of posting on the Website. You agree that use of the Foundation Online Order System by you shall be subject to the then current Terms & Conditions, and continued use of the Foundation Online Order System now or following modifications of these Terms & Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.

The Foundation reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Foundation Online Order System and/or services offered on or through the Foundation Online Order System (or any part thereof).

If any portion of these Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions shall continue to be enforceable and valid according to terms contained herein.

This Agreement is governed in accordance with the laws of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the state of New South Wales, Australia.

Any failure of ours to exercise or enforce any right or provision in this Agreement does not constitute a waiver of that right or provisions.

This Agreement constitutes the entire agreement between the User and the Foundation in relation to any use of the Foundation Website.

The terms of this Agreement may not be assigned by you but may be assigned by the Foundation without restriction.

If any part of this Agreement is found to be invalid or of no force or effect under any applicable laws, the Agreement shall be interpreted as though such part had not been inserted and the rest of the Agreement shall retain its full force and effect.

The Foundation reserves its right to amend the terms of this Agreement and the Online Terms and Conditions from time to time. Your continued use of the Website following such amendments constitutes your acceptance of such revised terms.