Legal and Privacy Policy
LEGAL
Ownership of the site.
This site is owned and operated by Commemorarts ( referred to herein as ‘Commemorarts’,’we’ and ‘our’ ). All content included on our site, such as prints, paintings, illustrations, drawings, glass, sculpture, images, text ( referred to as ‘content’ ) is owned by Commemorarts or our content providers. All content is protected by International copyright laws. For the protection of Commemorarts and our content providers, images may be watermarked.
Use of content.
All material published within this web site is protected by the provisions of the Copyright Act 1968 (Cth). Other than in accordance with the provisions of that Act, or as otherwise expressly provided, a person must not reproduce, store in a retrieval system, or transmit ( in any form or by any means ) any such material without first obtaining the written permission of Commemorarts to do so.
Images displayed on this site are either the copyright property of Commemorarts, its partners, or used with permission of the copyright owners. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions, or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate Copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
All enquiries regarding the use of the material published by Commemorarts should be addressed to the Directors.
Professional Indemnity
OUR SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN ‘ AS IS ‘
BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
Unless expressly agreed in writing, Commemorarts gives no warranty that the goods are suitable for any particular placement, method of
installation or any specific conditions not withstanding that such placement, installation method or conditions may be known to Commemorarts. We advise the customer to obtain local expert advise with regard placement, installation and conditions to ensure suitability
for the intended use.
Disclaimer
Whilst Commemorarts makes every attempt to ensure the information published is accurate and up to date, it makes no warranty, representation or undertaking whether expressed or implied, nor does it assume any legal liability, whether direct or indirect, or responsibility for the accuracy or completeness, or usefulness of any information.
There may be technical inaccuracies, typographical or other errors,
programming bugs or computer viruses in this web site or its contents. Further, we make no representations or warranties that the functioning aspects of our site will be uninterrupted or error free, or that our site or the server that makes it available are free of viruses or other harmful components. By using the site you acknowledge that its use is at your own risk. As a convenience, our web site may link to other web site that
may be of interest to you but are not under our control. These links do
not imply an endorsement by Commemorarts and we are not responsible for the availability of, or the content contained in, any
linked site.
Limitation of liability
Neither Commemorarts, its Partners nor our Content providers will be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or tortious action, arising from or in connection with the use of this web site.
Visual and written material sent to Commemorarts
It is solely and without exception the responsibility of the person sending the visual and written material to the site to ensure that they have the permission of the copyright owner to use the image.
By sending this visual or written material to Commemorarts you warrant that:
1. It is your original work or that you have the written permission of the copyright owner and that you have the right to make it available to Commemorarts for the purposes specified above;
2. It does not infringe any law; and
3. You indemnify Copmmemorarts against all legal fees, damages and other expenses that may be incurred by Commemorarts as a result of your breach of the above warranty; and
4. You waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.
TERMS
Prices
Prices are quoted in $US and are inclusive of packing, freight and insurance unless otherwise specified .
Trading terms
1. The Initial concept outline and quotation is obligation free.
2. On approval of the Initial Concept and quotation
A 25% deposit is required from you to secure the order,because our artworks are custom created, explicitly and uniquely to your specifications. This deposit requirement takes place after your written acceptance of the Initial Concept outline and quotation given.
3. Final Concept
Once the deposit is paid we proceed to work with you and the artist towards a Final Concept. We will email you a copy of that Final Concept and when that is approved by you in writing we proceed to create the artwork.
4. Changes
Once the Final Concept is approved by you in writing, any further changes may result in increased charges
5. Final artwork
When your artwork is completed, you send us the 75% balance.
On receipt, your artwork is dispatched directly to you.
Cancellation/ Refund Policy
Every piece of artwork ordered through this site is bespoke and created explicitly and uniquely for you. This means unfortunately that we are not able to offer you a refund or a cancellation once the order
has been accepted and deposit paid. However this does not affect your statutory rights.
Transit damage
In the unlikely event that your commissioned artwork should arrive damaged, please advise us immediately and we will arrange for our transport representative to contact you. It is important that you retain the damaged artwork, the original packaging and packing slip.
CODE OF ETHICS
Privacy Policy
Commemorarts is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with us. Any personal information that you provide will be used only in the creation of your artwork, or processing your order and is protected by our secure server. Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web site and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our system.
All visual information you supply will be destroyed ,or returned to you at the completion and payment for your artwork.
If you wish to be included in our mailing database we may contact you to notify you of any important changes to our site, new products, or special promotions that may be of interest to you. At any time you may contact us and your information will be removed from the data base.
Use of information
Commemorarts guarantees that it will not pass on or sell any personal information collected from our site to any third party.
Information and children
We recommend that if you are providing information on behalf of a child, you have the permission of the child’s parent or guardian. It’s also a good idea to use the parent or guardian’s email address instead of the child’s email address for security reasons.
Cookies
This site used a feature of your internet web browser called a “cookie”. This assigns a unique number to your computer. We use cookies as a tool to ensure that the correct data is being sent to your computer. No personal details are collected or retrieved in the cookie. |