Terms of Service for Artlandish Pty Ltd

Introduction

This website is owned and operated by Artlandish Pty Ltd (ABN: 88 135 783 765, ACN: 135 783 765), a company registered in Western Australia, Australia (“Artlandish”, “we”, “us” or “our”). By visiting our website and accessing the information, resources, services, products and tools we provide, you understand and agree to accept and adhere to the following terms and conditions (the “User Agreement”), together with the terms set out in our Privacy Policy.

This User Agreement is in effect as of the “Last updated” date shown at the foot of this page. We may update this User Agreement from time to time. Where a change is material, we will take reasonable steps to notify you before it takes effect, for example by posting an updated version on this page with a new “Last updated” date and, where appropriate, by other reasonable means. Changes do not apply retrospectively to orders already accepted by us. Your continued use of this site after an updated version takes effect constitutes your acknowledgement and acceptance of the updated terms.

Nothing in this User Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law, including the Australian Consumer Law, that cannot lawfully be excluded, restricted or modified.

About us

Artlandish is an Australian Aboriginal art gallery and online store. Our contact details are set out under “Contact information” below.

Responsible use and conduct

By visiting our website and accessing the information, resources, services, products and tools we provide, either directly or indirectly (the “Resources”), you agree to use these Resources only for the purposes intended and as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices and guidelines. You understand that:

1. To access some Resources you may be required to provide certain information about yourself (such as identification and contact details) as part of the registration process or to use the Resources. You agree that any information you provide will be accurate, correct and kept up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources, and you are responsible for all activities that occur under your account.
3. Accessing, or attempting to access, any of our Resources by any means other than through the means we provide is not permitted. You agree not to access, or attempt to access, any of our Resources through any automated, unethical or unconventional means.
4. You agree not to engage in any activity that disrupts or interferes with our Resources, including the servers and networks on which our Resources are located or to which they are connected.
5. You agree not to copy, duplicate, reproduce, sell, trade or resell our Resources except as expressly permitted by us in writing or as permitted by law.
6. You are responsible for any consequences, losses or damages that we may directly or indirectly incur or suffer as a result of unauthorised activities conducted by you, as described above, and you may incur criminal or civil liability.
7. We may provide open communication tools on our website, such as blog comments, public chat, forums, message boards, product ratings and reviews, and social media features. We generally do not pre-screen or monitor content posted by users of these tools. If you choose to use them, it is your responsibility to do so in a responsible and lawful manner. By posting content using any open communication tool, you agree that you will not upload, post, share or distribute any content that:
   • i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any suggestive, inappropriate or explicit language;
   • ii. infringes any trademark, patent, trade secret, copyright or other proprietary right of any party;
   • iii. contains any unauthorised or unsolicited advertising; or
   • iv. impersonates any person or entity, including any Artlandish employee or representative.

   We may, at our discretion, remove any content that we reasonably consider does not comply with this User Agreement, or that we reasonably consider is otherwise offensive, harmful, objectionable, inaccurate, or that infringes any third party copyright or trademark. We are not obliged to remove such content and are not responsible for any delay or failure in doing so. If you post content that we choose to remove, you consent to such removal.

8. We do not assume liability for any content posted by you or by any other third party user of our website. You retain ownership of any content you post using our open communication tools. By posting such content, and provided it does not infringe any third party copyright or trademark, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, adapt, translate, publish, publicly display and distribute that content in connection with the operation and promotion of our business. This applies only to content posted via open communication tools and does not apply to information provided as part of registration or required to use our Resources, which is covered by our Privacy Policy.
9. You agree to indemnify and hold harmless Artlandish and its affiliates, and their directors, officers, employees and agents, from and against any losses, expenses, damages and reasonable costs (including reasonable legal fees) to the extent they are caused by your breach of this User Agreement or by your unlawful or wrongful use of the Resources. This indemnity is reduced to the extent that any such loss or damage is caused or contributed to by Artlandish, and it does not apply to the extent that the relevant law does not permit such an indemnity.

Orders, pricing and payment

1. The display of products on our website is an invitation to treat and not an offer to sell. Your order is an offer to purchase. A contract of sale is formed only when we confirm acceptance of your order, for example by sending an order confirmation or by dispatching the goods.
2. We make reasonable efforts to ensure that prices, descriptions and availability are accurate. Prices are shown in the currency indicated at checkout and, where applicable, are inclusive of GST. We reserve the right to correct errors and to decline or cancel an order where there has been a genuine pricing or description error, where stock is unavailable, or where we reasonably suspect fraud or a breach of this User Agreement. If we cancel an order for which you have already paid, we will refund the amount paid for that order.
3. Payments are processed by our third party payment providers. We do not store full card details on our own systems. You are responsible for ensuring that the payment details you provide are accurate and that you are authorised to use the payment method.

Artworks and authenticity

Aboriginal artworks are handmade and individual. Variations in colour, size, texture and finish are a natural feature of original work and are not defects. Where we describe a work as accompanied by a certificate of authenticity or provenance documentation, that documentation will be provided with the work. Images on the website are representative; minor variation between an image and the work supplied is normal and is not a failure to match description, provided the work corresponds with its overall description.

Your consumer rights under the Australian Consumer Law

If you are a consumer as defined in the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under that law. These consumer guarantees apply in addition to, and are not limited by, anything in this User Agreement or any other warranty we may give.

Among other things, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in this User Agreement should be read as suggesting that your consumer guarantee rights are excluded, restricted or modified.

Returns, refunds and remedies

1. Your rights to a remedy for faulty, misdescribed or unacceptable goods are governed by the Australian Consumer Law and are not affected by this section. If a consumer guarantee is not met, you are entitled to the remedies described above.
2. Separately from your consumer guarantee rights, we may offer change of mind returns. Any such policy, including any conditions and timeframes, is set out on our website. A change of mind return is offered at our discretion and is in addition to, not instead of, your rights under the Australian Consumer Law.
3. To request a remedy or return, contact us using the details under “Contact information” below. We may ask for proof of purchase and reasonable information about the issue.

Marketing communications and tracking

1. We will only send you commercial electronic messages, such as marketing emails, where you have consented to receive them or where this is otherwise permitted under the Spam Act 2003 (Cth). Every marketing message will identify us as the sender and will include a functional unsubscribe facility. If you unsubscribe, we will stop sending you marketing messages within the period required by law.
2. We advertise across major online platforms and use cookies, tracking pixels and similar technologies on our website and in our advertising. These technologies, including how we use them for analytics and for targeted advertising on third party platforms, and how you can manage your choices, are described in our Privacy Policy. By using our website you acknowledge our use of these technologies as set out in that policy.
3. Our collection, use and disclosure of personal information, including for direct marketing and advertising, is governed by our Privacy Policy and by applicable privacy law.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, manage, process, secure and store your personal information, and it forms part of this User Agreement. Please read it together with these terms.

Intellectual property, copyrights and trademarks

All content and materials available on Artlandish web assets, including but not limited to text, graphics, the website name, code, images and logos, are the intellectual property of Artlandish or of the artists we represent by offering their artworks for sale, and are protected by applicable copyright and trademark law. Any unauthorised use, including the reproduction, distribution, display or transmission of any content on this site, is prohibited unless specifically authorised by us in writing. Copyright in a visual artwork remains with the creator or artist for the duration of their life plus 70 years.

Limitation of liability

1. Nothing in this User Agreement excludes, restricts or modifies any consumer guarantee, right, warranty or remedy that you have under the Australian Consumer Law or any other law and that cannot lawfully be excluded, restricted or modified.
2. To the extent permitted by law, and subject to clause 1 above, we are not liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profit, revenue, data or goodwill, arising out of or in connection with your use of the Resources.
3. To the extent permitted by law, and subject to clause 1 above, where our liability for a failure to comply with a consumer guarantee can lawfully be limited, our liability is limited, at our option, to one or more of the following: in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of doing so; and in the case of services, the resupply of the services or the payment of the cost of resupply.
4. To the extent permitted by law, and subject to clause 1 above, our total liability to you in connection with the Resources and any products or services supplied is limited to the amount you paid to us for the relevant product or service.
5. You understand that content downloaded or otherwise obtained through the use of our Resources is accessed at your own discretion and risk, and that you are responsible for taking your own precautions, including maintaining current anti-virus protection and backups.

Termination of use

We may, acting reasonably, suspend or terminate your access to all or part of our website and Resources, with notice where reasonably practicable, for any genuine reason, including a breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access and may be referred to the appropriate authorities. On suspension or termination, your right to use the Resources will cease. Termination does not affect any rights or obligations that accrued before termination, including any order already accepted and paid for.

Governing law

This User Agreement is governed by the laws of the State of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them. Nothing in this clause prevents you from bringing a claim, or limits any right you have to a remedy, under any law that applies to you and cannot be excluded.

Dispute resolution

If you have a concern or complaint, please contact us first using the details below so that we can try to resolve it quickly. If we cannot resolve a dispute between us within a reasonable time, either party may pursue any remedy available at law, and you may also be able to contact the consumer protection regulator in your State or Territory, or the Australian Competition and Consumer Commission.

Severability

If any part of this User Agreement is found to be void, unlawful or otherwise unenforceable, that part is to be read down to the extent necessary to make it valid, or if it cannot be read down, it is severed, and the remaining provisions continue in full force.

Contact information

If you have any questions or comments about these Terms of Service, please contact us at:

art@artlandish.com

Last updated: 06/06/26