Terms and Conditions

The Nic Phillipson website is operated by Nic Phillipson Art Pty Ltd. Throughout the site, the terms "I", "me", "my", “we”, “us” and “our” refer to Nic Phillipson Art Pty Ltd, whereas the term "the Website" refers to the Nic Phillipson website. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. WEBSITE PROVIDER

Our store is hosted on Artlogic. They provide us with the online platform that allows us to market our products and/or services to you.

2. WEBSITE USAGE

The Website is designed to showcase and market artworks created by Nic Phillipson. All content, including but not limited to text, images, graphics, and artwork, is owned by Nic Phillipson and is protected by copyright laws. Rights to promote and market artwork is licensed to Nic Phillipson Art Pty Ltd.

3. INTELLECTUAL PROPERTY RIGHTS

All  images, text and data ( the "Content") on the Website is copyright. A range of authorised uses are permitted and detailed below.

Authorised Uses:

  • The Content on this Website may be utilised for private research and study, as defined by section 40 of the Copyright Act 1968.
  • The Website includes functionality to share artwork to platforms such as Facebook, X (formerly known as Twitter), Tumblr, Pinterest, or via email. Sharing must represent an accurate depiction of the artwork, correctly attribute Nic Phillipson as the creator of the work and cannot be used for commercial purposes without written consent from Nic Phillipson Pty Ltd.
  • All other uses require explicit permission from Nic Phillipson Art Pty Ltdand any other relevant copyright owner(s). Requests for authorised use must be directed to [email protected].
  • Any authorised use must properly attribute Nic Phillipson as the creator of the work. Artwork should prominently display the artist's name and the work's title. Citations must include the Nic Phillipson website as the source: https://nicphillipson.art.

Prohibited Uses:
  • Users may not use the Content for any purpose other than the specified authorised uses without express written consent from Nic Phillipson Art Pty Ltd and any relevant copyright holder(s).
  • Prohibited actions include:

      • Posting the Content on any other website.

      • Modifying, republishing, distributing, reproducing, or communicating the Content in any form.

      • Using the Content for public performance, display, or transmission over a network.

      • Reproducing the Content in any form, including extraction or storage in a retrieval system, or inclusion in any other computer program or work (except as incidental to viewing the Nic Phillipson website).

  • Contravention is an infringement of the Australian Copyright Act 1968.
Any enquires around use of content from the Website can be directed to [email protected].

The Copyright Agency represents copyright holders within Australia and can be contacted at [email protected]

4. PRIVACY POLICY

The Privacy Policy outlines how we collect, use, and safeguard your personal information. By using this Website, you agree to the terms of our Privacy Policy.

5. COOKIE POLICY

The Website uses cookies to enhance user experience. The Cookie Policy explains how we use cookies and similar technologies. By using this Website, you consent to the use of cookies as described in the Cookie Policy.

6. USER RESPONSIBILITIES

  • Users must not engage in any activity that may disrupt or interfere with the functioning of the Website or compromise its security.

  • You agree not to use the Website for any unlawful purpose or in a way that violates any local, national, or international laws or regulations.

7. LIMITATION OF LIABILITY

Nic Phillipson Art Pty Ltd shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the Website.

8. MODIFICATIONS TO TERMS

Nic Phillipson Art Pty Ltd reserves the right to modify these terms and conditions at any time without prior notice. By continuing to use the Website after changes are made, you agree to accept those changes.

9. PURCHASE OF ORIGINAL ARTWORKS

Potential buyers can inquire about available original artworks created by Nic Phillipson, on the website. A separate website, the Nic Phillipson store (https://store.nicphillipson.art, the “Store”) has been established to sell print reproductions of original Nic Phillipson artworks. Separate terms and conditions for the Store are available within that site.

Please note that original artworks are not directly sold via this website, however purchase enquiries can be made. The following terms and conditions apply to enquiries made regarding the purchase of original artworks. By making an inquiry, you agree to comply with and be bound by these terms.

Enquiry Process

  • Original artworks displayed on the website are not available for direct purchase. Prices for original artworks are provided upon request.

  • To inquire about purchasing an original artwork, please submit an enquiry through the provided enquiry form or email [email protected].

  • Upon receipt of your enquiry, pricing information will be provided. Upon mutual agreement of a purchase price, a proposed sales contract agreement (which includes terms and conditions of sale) will be provided for your assessment and consideration.

Sales Contract Agreement

  • The sales contract agreement will outline the terms of sale, including details about pricing, delivery arrangements, return and refund rights, warranties (where applicable), and other rights as prescribed by Australian Consumer Law.

  • Transactions for the purchase of original artworks will be conducted privately, following agreement and acceptance of the provided terms and conditions.

Transaction Process

  • Enquiries submitted for the purchase of original artworks do not constitute a sales agreement. The sales contract agreement provided for assessment outlines the terms and conditions that must be agreed upon for the purchase to proceed.

  • Transactions for original artworks will not be conducted directly on the website. They will be conducted separately from the website environment based on the agreed terms and transaction method.

Rights and Protections

  • The terms and conditions of sale will detail return and refund rights, warranties (where applicable), and other rights as prescribed under Australian Consumer Law.

  • Your acceptance of the provided terms and conditions signifies agreement to the terms of sale for the purchase of the original artwork.

10. GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the laws of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia and the venue shall be Sydney, Australia.