Terms and Conditions – May 21, 2011

  1. Australian Art Auction Records is a service that documents historical art auction results and makes them available via subscription (the service).
  2. Australian Art Auction Records is a business name of John Furphy Pty. Ltd. ABN 37 005 508 789.
  3. Contact details for the service:
    Australian Art Auction Records
    PO Box 8464
    Armadale VIC 3143
    Australia
    info@artrecord.com.au
  4. Any clarification regarding the terms and conditions may be sought by contacting the service.
  5. The service is available by subscription. Fees:
    • One Month, A$25.00
    • One Year, A$170.00
    The Service is registered for Goods and Services Tax, complying with relevant Australian Taxation Office legislation. An tax invoice will be issued via e-mail at the time of subscription.
  6. Commercial or institutional subscribers should contact the service for pricing and user access authentication options.
  7. Non subscribers can access the service but some information and functionality will not be available.
  8. Payment of the subscription fee, in Australian Dollars, by:
    Direct Deposit
    Bank: National Australia Bank
    Account Name: John Furphy Pty. Ltd.
    BSB Number: 083-347
    Account Number: 1916-94614
    Credit Card
    At the services secure website, click here to access. If payment is made by Credit Card I agree that I am the card holder and that I authorise the service to debit me for the selected subscription period.
    Cheque
    Posted to the contact address specified above.
  9. Once payment is received for new subscriptions a user id and password will be e-mailed to the e-mail address specified on the form. For subscription renewals the subscription period will be extended.
  10. User id's may only be used by the authorised subscriber. Any known breach of this privilege will result in the user id being locked.
  11. Refunds are not offered once the subscription fee has been paid.
  12. Privacy: We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested. Credit card numbers are not stored by ArtRecord.com.au. SSL encryption is used to transmit credit card details for processing .
  13. The service is offered "as-is", including but not limited to:
    • Errors and omissions
    • Artist Biographical Information
    • Web Access
    • Functionality
    • Performance
  14. Copyright:
    • All content on this website © John Furphy Pty. Ltd.
    • All images on this website © the respective copyright owner.
    • All historical art auction results © John Furphy Pty. Ltd.
    • All website functionality © John Furphy Pty. Ltd.
  15. The service shall in no way be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use its services; or resulting from any goods or messages received or transactions entered into through the service; or resulting from unauthorised access to or alteration of your transmission or data, including but not limited to damages for loss of profits, use, data or other intangibles even if the service has been advised of the possibility of such damage.
  16. The service failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such rights or provisions unless acknowledged and agreed to the service in writing; and the service agrees that any course of action arising out of or related to this service must commence within 21 days after the reason for the course of action arose otherwise such course of action is permanently barred and you and the service forever waive the right to any such course of action.
  17. The service may sell or make available to advertisers online advertising on its website pages. You may enter into correspondence with or participate in promotions of the advertisers so advertising. Any such correspondence with or participation in promotions including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations with such correspondence or promotions are solely between you and the advertiser. The service assumes no liability, obligation or responsibility for any part of such correspondence or promotion, delivery of and payment for goods and services.
  18. These terms and conditions shall be governed by and construed in accordance with the laws of the state of Victoria. You and the service agree to submit to the exclusive jurisdiction of the courts of the state of Victoria. If any provisions of these terms and conditions are held by a court of competent jurisdiction to be contrary to law, then such provisions shall be construed, as nearly as possible to reflect the intentions of the parties, with the other provisions remaining in full force and effect.
  19. The service may change the terms and conditions at any time and any change shall be effective immediately upon reposting the newer version on the website. The date these terms and conditions are effective is May 21, 2011.
  20. Your continued use of the service constitutes acknowledgment of these terms and conditions and agreement by you to abide by and be bound by these terms and conditions.
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