terms and conditions
TERMS OF ONLINE SALE
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR
ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH
YOUR ORDER, FOR FUTURE REFERENCE.
I. Formation of the Contract
2. These Terms should be read carefully by you before you place an order for goods from Hedonist Gallery. You will be asked to accept these Terms before placing your order. If you do not agree to these Terms, you should not place an order.
3. These Terms, and any contract between us for the sale of goods to you, are only in the English language.
4. To place an order on the Website, you will need to add goods to your basket on the relevant "Shop" pages of the Website, click "Checkout", and provide us with the delivery and billing information requested. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5. After you place an order, Hedonist Gallery will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.
6. Hedonist Gallery will confirm its acceptance of your order by sending you an email confirming that, if you have ordered any editions or other artwork, they are ready to be dispatched ("Dispatch Email"). Hedonist Gallery shall not be under any obligation to accept your order and the contract between you and Hedonist Gallery for the sale of goods will only be formed once Hedonist Gallery has sent you such Dispatch Email.
7. If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Hedonist Gallery for the purchase of goods.
8. Hedonist Gallery may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.
II. Availability, Description, Specification and Price of the Goods
1. All goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, Hedonist Gallery will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
2. The description and specification of the goods you order will be as shown on the Website at the time you place your order.
3. Subject to II.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in Indonesian Rupiah/US Dollars and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of the delivery address and prior to you making payment.
4. Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, Hedonist Gallery will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Hedonist Gallery will refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
5. The price of the goods shown on the Website is not inclusive of local tax that may differ within specific countries or regions. Please note that if you are located outside of Indonesia, you will be responsible for the payment of your own local tax for the acquired artwork. If buying from within Indonesia, please note that tax charges at prevailing tax rates will apply.
6. Where the goods are supplied for export from Indonesia you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any fees, import duties or taxes which are levied on them.
1. Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa).
2. All deliveries are subject to prior authorisation of your payment.
3. If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide Hedonist Gallery with details of the debit or credit card used for the purchase of the goods.
IV. Delivery and Risk
1. The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by Hedonist Gallery.
2. All editions or other artwork ordered from Hedonist Gallery shall be sent to you via secure courier service DHL. Hedonist Gallery shall endeavour to deliver editions within Indonesia within 14 days after receiving payment from you and outside Indonesia within 21 days of receiving your payment, or within such other period indicated at the time you place your order.
3. If delivery cannot be made to the delivery address provided, Hedonist Gallery will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.
4. Goods not collected/received by client within 5 days upon arrival at destination will be subject to storage charges. Such charges shall be borne by the buyer.
5. A signature will be required on delivery of all Hedonist Gallery editions. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.
6. Every effort will be made to deliver the goods within the time periods specified above. If Hedonist Gallery is unable to deliver the goods within such time periods, Hedonist Gallery will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
7. You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
V. No Right of Resale
1. If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.
2. If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.
VI.Public Display of Editions or Artwork
You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Hedonist Gallery on behalf of the artist of such edition.
VII. Intellectual Property
In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.
1. Nothing in this clause VIII or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation in accordance with the law of Indonesia.
2. Subject to VIII.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
VIII.2.1 all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
VIII.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
3. Subject to VIII.1 above, Hedonist Gallery shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Hedonist Gallery by phone or post or email in accordance with the contact details at X below.
4. Hedonist Gallery shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Hedonist Gallery’s reasonable control.
5. If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
IX. Marketing Communications
Hedonist Gallery would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the Hedonist Gallery Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at X below.
X. Hedonist Gallery’s Contact Details
If you have any queries about your purchase of goods, these Terms or any other aspect of our Website email us at Hedonist Gallery email@example.com, or write to us at 80361, Jalan Pantai Batu Mejan, 14, Canggu, Bali, Indonesia. We will endeavour to respond as quickly as possible.
1. Hedonist Gallery may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
3. These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with Hedonist Gallery for the supply of goods.
4. If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.
5. No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
6. These Terms and the supply of the goods by Hedonist Gallery and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Indonesian law, and the Indonesia courts will have non-exclusive jurisdiction in respect of any such dispute or claim.
* These Terms of Online Sale are effective from 25 May 2022.
I. Basic Terms
1. You may use the Services only if you can form a binding contract with us, and only as permitted by law. Additional eligibility requirements may apply to some Services, and we will notify you of such requirements in these Terms or otherwise in connection with those Services.
2. If you are accepting these Terms and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to that entity.
3. We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to be bound by the Service Terms. If these Terms conflict with any Service Terms, those Service Terms will control for that conflict.
5. Subject to these Terms, we grant you a limited, non-exclusive, nonsub licensable, non-transferable license to use the Services as provided by us, in the manner permitted by these Terms.
6. You may need to register for a Hedonist Gallery account in order to use some Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.You are not permitted to rent, sell, and sublicense or otherwise transfer your account to any third party.
7. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on the Services.
8. Some Services may be accessible on mobile devices. You agree not to use such Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
9. You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on the Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you register for a Hedonist Gallery account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.
10. You are responsible for providing any equipment, Internet, and telecommunication service necessary to use the Services and/ or to communicate with us at your own cost.
II. Basic Definitions
The following definitions are used in these Terms:
1. ”User" means any person or entity that accesses or uses the Services in any manner, whether or not they register for a Hedonist Gallery account, including you.
2. ”Content" means all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Services. Content includes both Hedonist Gallery Content and User Content.
3. “Hedonist Gallery Content" means all Content that we provide on or through the Services, including Content licensed from a third party, but excluding User Content.
4. "User Content" means all Content that a User submits, posts, publishes or otherwise provides on or through the Services.
5. "Your User Content" means all Content that you submit, post, publish or otherwise provide on or through the Services.
6. "on the Services" means on the Hedonist Gallery/Hedonist Store website.
1. All Content is owned by Hedonist Gallery or by others who have licensed their Content to us, and is protected by Indonesian and international copyright laws, trademark laws, and/or other proprietary rights and laws. The Services are also protected as a compilation and/ or collective work under Indonesian and international copyright laws.
2. As between you and Hedonist Gallery, Hedonist Gallery owns and retains, solely and exclusively, all rights, title, and interest in and to the Services, the look and feel, design, and organization of the Services, all Hedonist Gallery Content, and the compilation of all Content on the Services, including but not limited to all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
3. These Terms do not grant you any ownership over any Content or any rights therein.
4. The trademarks, service marks, logos, and product names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Hedonist Gallery or third parties in Indonesia and/or other countries.
5. These Terms do not grant you any right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any manner.
6. Except for the limited license to use the Services that we grant you under these Terms, neither these Terms nor your use of the Services grants you any license or permission under any copyright, trademark, or other intellectual property rights of Hedonist Gallery orany third party, whether by implication or otherwise.
7. We welcome feedback about the Services, but you agree that any feedback, comments or suggestions you may provide regarding the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.
8. We reserve all rights not expressly granted to you in these Terms.
IV. Basic Content Terms
1. Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you
think is or may be inappropriate for them.
2. Subject to these Terms, you may access and view Content within the Services for your own personal, internal use, in the context of your Hedonist Gallery user experience, in accordance with the normal functionality and restrictions of the Services.
3. Some Services may enable you to post, embed, or transmit some Content in a way that will be accessible to others on the Services or in other locations online. You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable terms and conditions. However, such Services do not imply permission to reproduce, distribute or otherwise use such Content in any other manner, whether on the Services or in any other location.
4. If you are a teacher, you may display Content on the Services to your students or audience members at a non-commercial, educational, indoor lecture, presentation or seminar conducted by you, provided you do not reproduce or distribute Content outside of the Services in any way that is not specifically otherwise permitted by these Terms.
5. Except as expressly permitted by these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any manner or for any purpose without express prior written permission from Hedonist Gallery or (as applicable) the appropriate third-party rights holder.
6. Any commercial exploitation of any image or other Content without express prior written permission from Hedonist Gallery or (as applicable) the appropriate third-party rights holder, including but not limited to any commercialised reproduction, distribution, licensing, or creation of derivative works, is strictly prohibited.
V. User Content and Communications
1. Some Services may enable you to submit, post, publish or otherwise provide User Content. Each User is solely responsible for any User Content that they provide on or through the Services.
2. We do not endorse and make no representations or warranties of any kind, express or implied, with respect to the accuracy, completeness, truthfulness or reliability of any User Content and/or any statements, ideas, advice or opinions communicated on or in connection with the Services by any User and/or third party, whether online, offline, orally, in writing or otherwise. You acknowledge that
any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
3. You acknowledge that we have no obligation to review or screen any User Content, and that by using the Services, you may be exposed to User Content that is inaccurate, misleading, or otherwise objectionable.
4. We reserve the right, but have no obligation, to monitor or review any User Content and/or any communications or activity on the Services, to investigate potential violations of these Terms or to otherwise administer or operate the Services, without notice or liability, at any time at our sole discretion. We reserve the right to disclose any User Content, communications or activity if we believe
that disclosure is reasonably necessary to protect or enforce the rights or property of Hedonist Gallery, you, or any third party, or to comply with any law, regulation, legal process or governmental request, including but not limited to any civil or criminal subpoena or court order.
5. We reserve the right to remove or refuse to display any User Content on the Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
6. You acknowledge that you are in the best position to know if Your User Content may be used in connection with the Services. You are solely responsible for ensuring that Your User Content does not violate any applicable laws or the rights of any third party, including but not limited to any copyright, moral right, trademark right, privacy right, publicity right or contractual right.
7. By submitting, posting, publishing or otherwise providing any User Content on or through the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, reproduce, distribute, publish, adapt, modify, translate, create
derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving the Services, and developing new Services. You represent and warrant that you own or otherwise control all of the rights to Your User Content, and that the use of Your User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
8. Nothing in these Terms will restrict any other rights that we may ave or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.
9. We will not be liable for any User Content. We will not be liable for any use of Your User Content by us in accordance with these Terms.
VI. Online Sales
1. The Services include an online shop and features that enable Users to buy artwork and other property. The Services also include features that enable Users to contact us or other Users about items listed on the Services or with other inquiries.
2. Minors are not permitted to use the Services as buyers. By using the Services to buy property, you represent and warrant that you are at least eighteen (18) years old, and that you can enter into and form binding contracts under applicable law.
3. Our Conditions of Sale contain important information and additional terms and conditions that apply to the Hedonist Gallery shop. Our Conditions of Sale are incorporated into and considered a part of these Terms, and can be viewed at TERMS OF SALES. Please read them carefully before buying, inquiring about any property on or through the Services.
VII. General Restrictions
1. You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
▪ submit, post, publish or otherwise provide any User Content on or through the Services, or take any other action in connection with the Services (whether online or offline), that:
(i) violates or infringes the rights of any third party, including but not limited to any copyright, moral right, trademark right, trade secret right, patent right, privacy right, publicity right, or contractual right:
(ii) violates or infringes any applicable local, state, national, or international law, rule, or regulation, including but not limited to any tax law, consumer protection law, or law restricting the export and/or import of data, goods, services, or software;
(iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or
(iv) impersonates or misrepresents your affiliation with any person or entity, including but not limited to creating a false or misleading Hedonist Gallery account or profile with inaccurate or untrue information;
▪ use the Services to list, market, offer or sell goods or services without our express prior written permission;
▪ distribute or post unauthorized or unsolicited advertising or promotional messages, bulk electronic communications, or spam on or through the Services;
▪ collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
▪ access the Services by any means other than the interface and instructions we provide;
▪ access, tamper with, or use any non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers;
▪ breach, disable or circumvent any security or authentication measures on or in connection with the Services;
▪ interfere with the normal operation of the Services or the access of any User, including but not limited to transmitting any viruses or harmful code, flooding the Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;
▪ decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of the Services;
▪ adapt, modify, create derivative works from, or redistribute any of the Services without our express prior written permission;
▪ use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from the Services without our express prior written permission (we may also use robot exclusion headers within the Services and you agree to comply with all such headers);
▪ forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services or any Content to send altered, deceptive, or false source-identifying information;
▪ mirror or frame any part of the Services on any other website or elsewhere without our express prior written permission;
▪ use any meta-tags or other hidden text or metadata containing any Hedonist Gallery trademark, service mark, product name, or URL without our express prior written permission;
▪ use any Hedonist Gallery trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
▪ use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Hedonist Gallery trademark, service mark, product name, or logo, or to the look and feel of any of the Services; or
▪ remove, modify or conceal any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source and/or ownership of any image or other Content.
2. Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of the Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or other Users to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such User for doing so.
VIII. Other Websites and Services
1. The Services may include links and features that enable you to access other websites or services, and other websites or services may include links to the Services.
2. Such links and features are for convenience only, and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
3. You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
4. You agree that the Hedonist Gallery Parties (defined below) will not be liable or responsible to you or any third party, directly or indirectly, for:
(i) the accuracy or availability of any such websites or services; or
(ii) any information, materials, goods or services on or available from any such websites or services.
IX. Disclaimer of Warranties
1. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH HEDONIST GALLERY AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "HEDONIST PARTIES") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE HEDONIST GALLERY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OR ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF THE SERVICES IN ANY MANNER WILL GIVE RISE TO ANY SPECIFIC RESULTS.
2. If the use of the Services results in the need for servicing or replacing any equipment, material or data, the Hedonist Gallery Parties will not be responsible for those costs or losses, and you should backup your data at all times.
3. No advice or information (whether oral or written) that you obtain from any of the Hedonist Gallery Parties, or through the Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.
4. Some jurisdictions do not allow the exclusion of implied warranties, so some of the exclusions provided above in this section 10 may not apply to you.
X. General Release
1. We may provide rules for using the Services, but the Hedonist Gallery Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with the Services.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE HEDONIST GALLERY PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH:
(i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES;
(ii) ANY USER CONTENT, CONDUCT, PERFORMANCE OR NONPERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT;
(iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY;
(iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE,
THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
XI. Limitation of Liability
1. IN NO EVENT WILL ANY OF THE HEDONIST GALLERY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE,BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(i) THESE TERMS;
(ii) THE SERVICES;
(iii) THE USE OF OR INABILITY TO USE THE SERVICES;
(iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES; OR
(v) ANY CONTENT, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.
2. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF ONE MILLION INDONESIA RUPIAH (IDR 1000000) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.
3. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTIONS XII.1 AND XII.2 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE HEDONIST PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTIONS XII.1 AND
XII.2 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE HEDONIST GALLERY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1. You agree to indemnify, defend, and hold harmless Hedonist Gallery and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
(i) your breach of any of these Terms (including any term or condition incorporated into these Terms by reference);
(ii) Your User Content;
(iii) any misrepresentation made by you; or
(iv) your violation of any law or the rights of any third party, including but not limited to any intellectual property right, privacy right or publicity right.
2. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate as fully as reasonably required by us in conducting such defence. In any event, you agree not to settle any such matter without our prior written consent. Your indemnification and defence obligations provided in these Terms will survive these Terms and your use of the Services.
XIII. Choice of Law and Dispute Resolution
1. These Terms, and the rights and obligations of you and us under these Terms, will be governed by and construed in accordance with the laws of Indonesia, without regard to conflict of laws provisions, and without regard to your state or country of residence.
2. You agree that any claims, actions or disputes involving you and us arising out of or related to these Terms or the Services must be resolved exclusively in a court located in Indonesia whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located Indonesia, for the purpose of litigating all such claims, actions or disputes, and you expressly waive any objection as to inconvenient forum.
3. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any law to the contrary, each claim or cause of action you may have against us arising out of or related to these Terms or the Services must be filed within the applicable statute of limitations or, if earlier, one (1) year after such claim or cause of action arose, or else such claim or cause of action will be permanently barred.
4. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to the Services, these Terms, or any other agreement between you and us.
5. Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.
XIV. International Use
1. The Services are based in the Indonesia, Bali. We make no representations or warranties that the Services are appropriate or available for use outside of the Indonesia.
2. If you are located outside of Indonesia, you represent and warrant that your access to and use of the Services complies with all applicable local, state, national, and international laws, rules, and regulations.
3. If you are located in a country embargoed by Indonesia, or any Indonesian Government list of commercially restricted parties, you must not perform any transaction or engage in any other commercial activity on or in connection with the Services. You must not access or use the Services if you are prohibited from receiving products, services, or software originating from Indonesia.
XV. Changes to The Services
1. The Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue the appearance, design,functionality, and all other aspects of any and all of the Services, in whole or in part, temporarily or permanently, with or without notice,for any or no reason, at any time at our sole discretion.
2. You agree that we will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to the Services, including, but not limited to, any loss of or inability to do business or to provide or use any product, service or Content.
XVI. Changes to These Terms.
1. Our business changes with time, and these Terms will change also. We reserve the right to change these Terms from time to time at our sole discretion, including the right to change, modify, add or remove any part of these Terms.
2. All changes to these Terms will be effective when posted on the Services, or at such later date as may be specified in the updated Terms.
3. By continuing to use the Services after any changes to these Terms become effective, you agree to be bound by such changes and the updated Terms.
4. You agree that we may notify you of any changes to these Terms by posting the updated Terms on the Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
5. Changes to these Terms will not apply to any claim, action or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim, action or dispute arose.
6. You agree that we will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including, but not limited to, any loss of or inability to do business or to provide or use any product, service or Content.
1. You may discontinue your use of the Services at any time, subject to any other written agreements that you may enter into with us regarding the Services.
2. Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to limit, terminate or suspend your access to or use of any or all of the Services, and/or to reclaim or repurpose any username or URL on the Services, at any time at our sole discretion, without notice or liability, for any or no reason, including, but not limited to, if you breach any of these Terms.
3. After any termination of these Terms and/or after you otherwise stop using the Services, the following will survive and remain in full force and effect:
(i) all outstanding obligations you may have to us under these Terms or otherwise;
(ii) all remedies for breach of these Terms; and
(iii) the following sections of these Terms: III (Ownership), V (User Content and Communications), VI (Marketplace and Sales), VIII (Other Websites and Services), IX (Disclaimer of Warranties), X (General Release), XI (Limitation of Liability), XII (Indemnification), XIII (Choice of Law and Dispute Resolution), XV (Changes to the Services), XVI (Changes to these Terms), XVII (Termination), XIX (Miscellaneous).
XVIII. Payment Services
1. We use a third-party service provider for payment services such as credit card acceptance, merchant settlement and related services.
2. From time to time, we may use other third-party services providers to provide payment services on or in connection with the Services, in which case the terms and conditions of those services providers will apply to the use of payment services provided by them.
communications, statements or understandings between you and us regarding the subject matter of these Terms.
2. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and these Terms will otherwise remain in full force and effect.
3. No delay or failure by us to exercise or enforce any right or provision of these Terms will be deemed a waiver of that or any other right or provision. We will not be deemed to have waived any right or remedy under these Terms unless the waiver is in writing and signed by a Hedonist Gallery representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent any further exercise by us of any other right or remedy.
4. These Terms will be binding on your successors and assigns, but you are not permitted to assign, transfer, or sublicense these Terms or any right or obligation under these Terms without our express prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will inure to the benefit of, and are intended to be enforceable by, our successors and assigns.
5. There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.
6. No agency, partnership, joint venture, employment, or franchise the relationship is created or implied by these Terms or your use of the Services.
7. Nothing in these Terms will prevent us from complying with the law.
8. These Terms were written in English. To the extent any translated the version of these Terms conflicts with the English version, the English version controls.
9. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Contacting Hedonist Gallery
- If you have any questions or comments about these Terms or the Services, please email us at firstname.lastname@example.org
- Hedonist Gallery management office is located at:
80361, Jalan Pantai Batu Mejan, 14, Canggu, Bali, Indonesia.
This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an Hedonist Gallery account. This Policy applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage.
TYPES OF INFORMATION WE PROCESS
We may collect the information that you provide (such as name, email address, home address, phone number) or otherwise make available to us when you access or use our Services, including when you:
- fill in any forms on our website;
- access or use our Services, such as when you search for or view artwork or other items, follow artists, institutions, place bids in an auction or otherwise perform transactions;
- link/share/repost your Hedonist Gallery account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media service), in which case we may obtain your username on that service and other information you make publicly available through that service, which may vary depending on your settings on that service;
- or communicate with us.
Information Collected Automatically: We automatically collect certain information about how you access and use the Services. Examples of this information may include but are not limited to Internet browser, operating system, device, and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages, click-stream data, search queries, pages viewed, time spent on pages, bounce rate, and login frequency.
Information from Other Sources: We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third- party service providers, credit bureaus or other sources.
HOW WE USE THE INFORMATION WE COLLECT AND THE REASONS FOR DOING SO
The Personal Information from you optimises our approach to administer and operate the Services, to provide the Services to you, to communicate with you, and to provide you with customer support.
In addition to the other uses of information described in this Policy, we may use all of the information in order to:
- provide the Services to you;
- Design and operate new Services that we may later develop;
- target, improvise and develop the Services, Content, Brand marketing;
- to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, or verify actions taken by you or associated with your account (reason: to protect the public interest and for legitimate business purpose);
- contact you by email, postal mail, telephone, fax, mobile applications, mobile devices and/or text message (SMS) to perform customer support;
- contact you by email, postal mail, telephone, fax, mobile applications, mobile devices and/or text message (SMS) to inform you about the Services, updates about the Services, and Hedonist Gallery offers;
- facilitate your participation in contests, events, and other campaigns;
- facilitate your transactions, inquiries, and communications with us;
- perform other functions as described when the Personal Information is collected;
We provide registered Users with settings on the Services to control whether they receive certain communications from us. You may choose to stop receiving promotional emails from us at any time by following the unsubscribe link in those emails or by emailing us at email@example.com . Please note that such requests may take up to ten (10) business days to process, and you may continue to receive promotional emails from us during that time.
ACCOUNTS AND USER PROFILES
Registration, Access and Records: To register for a Hedonist Gallery account, you will need to do so by providing your full name and a valid email address. It is your responsibility to update all such information as necessary to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and us and any transactions which have not yet been completed. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy.
Profile and Account Information: To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices.
Data Retention: We will keep and use your data as described in this Policy for
(i) as long as your account is in use, is open, or is active; as long as is necessary to comply with any tax, legal, and/or other regulatory requirements;
and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information please contact us at firstname.lastname@example.org.
SHARING OF PERSONAL INFORMATION
We may share your Personal Information with others in the following contexts.
- Service Providers: We may contract with third-party service providers that help us provide our Services, or that perform services for us related to our Services. Examples may include but are not limited to: identity verification, document authentication, public database review, order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, display ads, and server and database hosting services. For the avoidance of doubt, we do not sell your Personal Information to our Service Providers.
- Payment Processing: We use third-parties, to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.
- Business Transfers: If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an Hedonist Gallery account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Hedonist Gallery account.
- Legal Purposes: We may access, preserve, and disclose your Personal Information and/or other information if we believe that such access, preservation or disclosure is reasonably necessary
As we are legally bound to maintain proper accounting records, we are limited with respect to the data we may remove from our system. For invoice data created within five (5) years, we may not remove or alter any data related to you. For all other data, and invoice data created more than five years ago, we may remove your personal information upon your request and replace it with anonymous data. To request removal of your data, please write to us at email@example.com
OTHER WEBSITES AND SERVICES
Our Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 16, please firstname.lastname@example.org
Every Hedonist Gallery account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately email@example.com and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.
CONTACTING HEDONIST GALLERY