Website Terms of Use.

Jessica Leighton trading as Gallery Rayé [ABN 52 677 307 290] (we, our or us) operates this website (Site). The domain address of the Site is: www.galleryraye.com and it may also be available through other addresses or channels.

By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.

We may change these Terms and anytime by publishing the varied terms on our Site. Make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms. 

Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.

You have no ownership in the Site. We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site. 

You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.

We do not permit you to:

·       copy Content or any other details on our Site; 

·       use or copy our Site or Content in any way that competes with our business; or

·       breach our copyright or other intellectual property in the Site.

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:

·       that is unlawful;

·       prohibited by law;

·       we would reasonably consider inappropriate; or

·       that might bring our Site or us into disrepute. 

This includes (without limitation):

(a)          anything that would breach the privacy of an individual;

(b)          using our Site to defame, harass, threaten, menace or offend any person;

(c)          interfering with any user using our Site;

(d)          tampering with or modifying our Site;

(e)          intentionally transmitting viruses to our Site;

(f)           intentionally transmitting disabling or damaging features to our Site;

(g)          interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;

(h)          using our Site to send unsolicited email messages; or

(i)            assisting a third party to do any of the above.

The content on our Site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard.

We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional. 

Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content. 

Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:

(a)            copy or use any Content from our Site (in whole or part);

(b)            reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)            breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites. 

We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content). 

If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.

You agree that you are responsible for all User Content that you upload and warrant that:

(a)            you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and

(b)            the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

(a)            it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)            you will have uninterrupted access;

(c)            it will be error-free or free from viruses; or

(d)            our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remained of that provision or the other provisions in these Terms.

The laws of Queensland, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside Queensland and/or country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. 

Online Terms of Purchase.

This online platform (Platform) is operated by Jessica Leighton trading as Gallery Rayé [ABN 52 677 307 290] (we, our or us).  It is available at www.galleryraye.com (Website) and at any other third party application we choose to use now or in the future (Platform).

By accessing and/or using our Platform, each user of our Platform (you or your) you promise that you:

(a)            have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);

(b)            have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform; 

(c)            have the legal capacity to enter into a legally binding agreement with us; and 

(d)            agree to use the Platform in accordance with these Terms. 

You can browse and view the Platform as an unregistered user, however you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of Artworks, services and any other products (Artworks).

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your Order (Acknowledgment). The Acknowledgement is not our acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail or other digital means that the Artworks in your Order have been dispatched to you (Confirmation). Only those Artworks listed in the Confirmation will be included in the contract formed. 

If you make more than one Order a new contract will be created each time you place an Order.

We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Artworks advertised, we will correct the error within a reasonable time.

Delivery costs will be charged in addition to the purchase of Artworks; these additional charges will be billed separately to the artwork purchase.

Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processer is used, that Payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method. 

(a)        When delivering Artworks purchased on the website we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers (where applicable), with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.

(b)        You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then you will be notified that we, or our delivery company, tried to deliver your Order. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund. Where the contents of your Order allows, you may authorise us to leave your Order on at your delivery address outside. 

(c)        While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(d)        Insurance is available at an extra cost on all delivery services. We will not cover any loss of Artworks that are not insured. 

(e)        For non-delivery of Artworks, please notify us by email as soon as possible. 

(a)        You acknowledge that we will engage third party printers to print the Artworks that you have ordered. You must inspect the Artworks immediately upon their arrival and if the Artworks are not in accordance with the specified requirements (including if the Artworks have not been printed correctly or accurately) then you must give notice to us within 24 hours of receipt of the Artworks. If you fail to give such notice, the Artworks must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 48 hours after receipt of the Artworks by you.

(b)        This paragraph does not apply if the Artworks are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion. 

Should your order arrive damaged, or if the product doesn’t comply with one of the consumer guarantees under Australian Consumer Law, you are entitled to have the product repaired or receive a refund or replacement.

Consumer Law

Our artworks come with the statutory guarantees imposed by Australian Consumer Law.

Refer to www.accc.gov.au to review.

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without our prior written consent or the consent of the owner of the Content (as applicable): 

(a)        copy or use, in whole or in part, any Content; 

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)        breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)        altering or modifying any of the Content;

(2)        causing any of the Content to be framed or embedded in another website; or 

(3)        creating derivative works from the Content.

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. 

By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that: 

(a)        you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)        neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content. 

We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

(a)        Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b)        Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.  

(a)        We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b)        We have no liability to the extent that a failure of the Artworks is attributable to any act or omission on your part, including where you do not follow appropriate storage instructions for the Artworks or ensure the Artworks are moved from the packaging in which they are packed to long term storage options at your place of residence or business.

(c)        Our liability for failure to comply with a consumer guarantee is limited to:

(i)          in the case of Artworks supplied by us, the replacement of the Artworks or the supply of equivalent Artworks (or the payment of the cost of the replacement or supply); and

(ii)         in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d)        Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e)        In all other respects, our total liability for loss or damage of every kind, whether:

(i)                 arising pursuant to the terms of service; or

(ii)                arising in any other way out of or in relation to the supply of the Artworks, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the Artworks. 

(f)         Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of Artworks or services supplied pursuant to these terms.

(g)        Where you have asked us to recommend a product for your  use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.

(h)        Subject to the “Receipt of Artworks” clause, where your Order is being printed by a third party engaged by us, we accept no liability for the delivery or quality of the Order or for any damage which can be seen or which results from the use of your Artwork and you indemnify us from any liability in this regard.

(i)          This clause will survive the termination or expiry of these Terms.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.

You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

You acknowledge and agree to proceed and purchase our Artworks on the basis that:

(a)        all of the Artworks that are shown on the Platform are the Artwork of third party artists and not created by us. We are proud to be able to represent the third party artists in displaying their Artwork;

(b)        any information on the Platform about the Artworks are provided by the artists of the Artwork and we are not responsible for any misinformation or inaccuracies that may be on the Website;

(c)        you warrant that you are relying on your own judgement, research and taste in purchasing any Artwork and not relying on any representations by us; and

(d)        the Artworks will be printed by third party printers and/or framed by third parties, and we are not responsible for any damage or loss which occurs as a result of anything done by the third parties.

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices, please contact us at:

Jessica Leighton trading as Gallery Rayé [ABN 52 677 307 290] 
Email: jessica@galleryraye.com
Last update: 1 April 2021