SWAP ART

TERMS & CONDITIONS

1.  Swap Art provides a virtual gallery to owners (applicants) of original artwork.      Swap Art does not allow artists to use this site to sell their own work.

2   Owners may apply for space in the virtual gallery by filing in the application    form and making the required payment to Swap Art.  In return, Swap Art will provide space in the virtual gallery and will provide the applicant with the contact details of any person who makes an enquiry about the artwork through Swap Art.

3   Swap Art retains the right to refuse to accept an application for space in the gallery where it deems that:

(a)   the artwork is not original or not a genuine artwork,

(b)   the artwork is not owned by the applicant,

(c)   the artwork is not appropriate; or

(d)   the artist of the artwork will receive the proceeds of the sales either directly or through some other person or entity.

4    Swap Art retains the right to remove any work from the gallery, without refunding any application fee paid, where:

(a)    one of the grounds set out in 3(a) to 3(d) above becomes apparent after Swap Art has accepted the application;

(b)    the applicant can no longer be contacted;

(c)    there are reasonable grounds for believing the work has been sold, or

(d)    the artwork has been on the site for over 2 years.

5   Swap Art retains the right to refuse to pass on the contact details of any person making an enquiry where Swap Art believes on reasonable grounds the enquiry is not genuine.

6    Swap Art retains an absolute discretion in deciding whether there are grounds for refusing to accept an application, deciding to remove an artwork that is already displayed, or refusing to pass on an enquiry. 

7    Swap Art holds no responsibility for any prices that the applicant wishes to attach to the artwork.  It retains the right not to publish a price if it believes, on reasonable grounds, that the price is not appropriate.

8    Swap Art’s obligations to applicants and users of this website are limited to displaying the artwork (subject to paragraphs 3 and 4 above) and passing on the contact details of any person making an enquiry (subject to paragraph 5 above).

Swap Art has no control over, and is not responsible for any commitments, offers, appointments, or agreements made by way of an enquiry to purchase, view or swap any artwork that has been displayed in its virtual gallery.  Swap Art is also not responsible for the quality or authenticity of any artwork sold through the virtual gallery. Any agreements made between the applicants and enquirers are at their own risk. 

9   Notwithstanding Swap Art’s rights under paragraphs 3, 4 and 5 above, Swap Art does warrant that it will exercise those rights and therefore does not provide any warranties about the that artworks displayed in the virtual gallery are original or genuine, are owned by the applicant, are appropriate, or are not being sold by the artist or someone on behalf of the artist.  Swap Art has no control over and is not responsible for the quality or authenticity of any artwork displayed in the virtual gallery.

10   If any disputes arise from an applicant in respect of their displayed artwork, Swap Art agrees to act in good faith to resolve the dispute.

Privacy Statement

1   We respect your privacy and the personal information you provide to us and we are committed to protecting it.  The Privacy Act applies to Swap Art. 

 2   We collect your personal information from you when you use our services, ask to be included on a mailing list or you submit the information to us for any other reason connected with our business.  If you do not provide the personal information we require it may not be possible to provide you with goods, products or services.

3   We will use your personal information that you have provided to us to meet your request for products or services including listing your art work on our site and providing your contact details to the owners of work you are enquiring about.  We may also provide your personal information to our advisers (eg lawyers and accountants) if necessary, and use it as otherwise permitted by the National Privacy Principles.

4   We will only use your credit card information for payment processing.  We do not store credit card details on our system. 

5   We may require some information from you under Australian law, eg GST legislation.

6   By engaging our services or providing information to us we will assume you have consented to the above uses of the personal information that you have provided to us.

7   Your information may be used for demographic data for aggregate use by us, our business partners, or our advertisers.  This information is not linked to any personal information that can identify you.

8   We have implemented measures to protect against loss, misuse and alteration of personal information under our control.

9   You may obtain more information about the way we manage your personal information or about obtaining access you personal information by contacting our office manager on 02 61613185 or by e-mail on info@swapart.com.au  If any information we have about you is incorrect we will correct it.