Welcome to the workART Terms and Conditions and User Agreement.
Workart.co.za (the "Website") is owned and operated by workART Gallery cc, registration number: 2010/140986/23 (hereinafter referred to as "workART").
Visitors to the Website ("Users" or "you"), including those who register online for a user account ("User Account") and those who upload their own images to the website and artists who submit their artwork for inclusion on the website, are bound by this User Agreement ("User Agreement"). If you do not agree to this User Agreement, do not register online for a User Account or otherwise continue to use the Website. Your continued use of the Website will constitute acceptance of the User Agreement unmodified by you. By accepting this User Agreement, you are deemed to have read and agreed with all the provisions thereof.
If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.
2. User Account
When creating a user account, you agree to provide workART with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify workART of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. workART cannot and will not be liable for any loss or damage arising from your failure to comply with this.
3. workART Services and Images
workART operates the Website through which all Users are able to select a range of artworks and digital images for printing and framing. Additionally they may upload images of their own for printing and framing by workART. Payments are made through a secure payment gateway or by EFT to our bankers.
workART undertakes to deliver all products ordered on the website in a timely manner, to the quality indicated on the website, for the agreed price at the time of the transaction.
All product information, refund and returns policy, shipping methods and all available payment methods are detailed on the Website.
Because workART strives to ensure that the information on the Website relating to any image is accurate, up-to-date, and lawful, should you suspect that an image has been obtained illegally, is fraudulent, or otherwise misleading Users in any way, please notify workART thereof by using email@example.com so that workART can take such measures as it deems appropriate.
4. workART Terms of Sale
These Terms of Sale apply to all offers made by workART, all orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
4.1. Return Rights
We are committed to quality products and your satisfaction is 100% guaranteed.
Please note that due to the differences between monitors and other devices and the personal settings for brightness and contrast of individual persons the print received may not be EXACTLY what you see on your screen, but is faithful to the colour and density of the artist's original. In the case of very slight differences in colour and tone between what you see on the website on your device and the print received, since we cannot exactly match every monitor and device, we reserve the right to not replace the images in these circumstances.
If for any reason you are not completely satisfied with the quality of your purchase, you may return it within 30 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
Please note, that we do not accept returns on prints based on the fact that you no longer like that particular image. Your decision to buy means that you acknowledge that the image as seen on your computer/phone/device is the image that you have approved and wish to purchase. All the images on the website are low resolution versions of the actual high resolution image that is used to make your print.
If your order should arrive in less than satisfactory condition simply contact us to let us know, send us a digital photo of the damaged goods and indicate whether you want a replacement or refund.
To return your item(s) please pack them in the original tube or box. We strongly encourage you to return your item via a trackable method.
If the User's payment is not received within 28 days of an order being placed, then the order will be deemed to be null & void. Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be incorrectly priced as a result of price changes that are implemented at or about the time of your visit to the website, or as a result of items cached on your computer. However, we do not charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order. All prices on this Website are shown in ZAR (South African Rand).
4.3. Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in an unused condition for a conforming replacement, refund or credit.
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
All items purchased through workART are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on workART’s shipment to the shipping carrier.
5. Warranty and Liability
workART makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. workART may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of workART and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
All risk and liability arising from your use of the Website vests with you and neither workART nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by contacting us at firstname.lastname@example.org
This Website is supplied on an "as is" basis, has not been compiled or supplied to meet your individual requirements, and workART is not liable for anything you find on the Website or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
If workART is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will workART be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.
Any and all copyright subsisting in the Website, including this User Agreement, vests in workART and all rights not expressly granted are reserved.
All the content (excluding the Artist's Proprietary Rights as described in 10.3. of these Terms and Conditions), trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to workART and as such are protected from infringement by local and international legislation and treaties. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by other third parties and you may not copy or use same without their permission.
You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website contact us at email@example.com for assistance. You may not make any use of any workART trademarks, logos, or trade dress without prior express and written approval by workART.
workART respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify workART by email to firstname.lastname@example.org and by post to PO Box 2114, Sun Valley, Cape Town, South Africa 7985 and provide the following information ("Notice"):
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
8.1. Content and Links
workART cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content, although we take the utmost care to ensure that there is no illegal, defamatory or obscene content on the website. You are encouraged to inform workART of any content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided as is and workART does not necessarily agree with, edit or sponsor the content on such web pages.
Since workART has no control of such sites and resources, you acknowledge and agree that workART is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that workART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
There is no age limit on our Users as our Website is not an adult website. However, certain products listed may be of an adult nature or such (some artistic nudity) that they may only legally be purchased by persons over the age of 18 years, and workART will not be liable in any way in relation to minors viewing any adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the Website. Furthermore, note that Users under the age of 18 may not make use of the additional services made available to registered Users and may thus not register for a User Account.
9. Users' obligations regarding posting of content/uploading images
Without detracting from the generality of your obligations under the 'Prohibited Conduct' section below, as a registered User, anything you post/upload to the Website must be strictly relevant to the products and/or Merchants listed on the Website. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Website, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Website and that such content does not otherwise violate this User Agreement.
10. Artist Images and Contracts
10.1. User Submitted Art
Once you have sent us your art for review, your images are assessed by workART and, if accepted, they are entered into the website as Content. If your Content is accepted, anyone will be able to search, access, and review all of the Content that we display, and order products containing the Content. You understand and agree that workART shall not be liable for any access to, use of or disclosure of any image, comment or other content in your Gallery.
10.2. Payment of Artist Earnings
Earnings for products on workART.co.za (“Royalties”) are described in the contract between you and workART and are incorporated into this Agreement by reference. All prices are in ZAR. Prices and products may change at workART's discretion.
(a) Tax and Banking Information. In order to receive your Royalties, artists must provide taxpayer information to workART as required by SARS. They must also have a local bank account for payment of Royalties.
(b) Payment Terms. workART will pay your Royalties monthly in arrears. Within 45 days following the end of each calendar month, workART will pay the Royalties you have earned, by EFT, for the relevant month. However, if the Royalties payable to you for any month are less than R150.00, workART will hold your Royalties until the total amount due is at least R150.00 or until this Agreement is terminated.
(d) Processing Fees. If workART owes you accrued Royalties that are less than R150.00 for at least 365 days, then workART may send you payment of such accrued Commissions minus a R25.00 processing fee. If the amount of accrued Commissions is under R25.00 for at least 365 days, such amount will be used to cover workART's administrative costs and no payment will be made to you.
(e) Termination Fees. If you or workART terminate your Account, and you have less than R150.00 in accrued but unpaid Royalties then outstanding, workART may charge you a R25.00 processing fee when sending you your final payment to cover its administrative costs.
10.3. Artist's Proprietary Rights
You will retain ownership of the Content you submit or upload to workART. You hereby grant to workART a royalty free, worldwide, transferable, right and license to use such Content as workART deems necessary to enable you to use the workART service to create, produce, crop, publicly display, sell, distribute and purchase Products for so long as your Content remains uploaded to the site. workART may sub-license the rights that you grant it in this section to a third party subcontractor for the purposes of producing your Products and providing the workART service. Upon cancellation of your account and removal of your images, workART shall no longer maintain these rights. Our right to reproduce your images for sale to the public is completely contingent on your participation on our website. You have the right to cancel your participation on our website at any stage. If you wish to do so, please send an email to email@example.com . When you delete your account, which you may do for any reason and without penalty, we no longer have said rights to reproduce and sell artwork on your behalf.
You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any postings to your account which you submit (excluding the Content) will automatically be deemed to be assigned by you to workART upon their submission to workART, and workART shall be entitled to use, edit and publish the information which may include information about your gallery, your biography, comments or any other information which you have provided. workART does reserve the right in its sole discretion to delete artwork, text, comments and other imagery which it deems to be vulgar or otherwise inappropriate for the site.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that workART suffers any damage or loss.
As a registered User, you agree and warrant that your log-in name and password shall; be used for your personal use only; and; not be disclosed to any third party.
You allow workART to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
13. Conduct for Uploading Content
Upon uploading Content, you acknowledge that workART may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, workART and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to workART. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, workART. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither workART nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. workART's production of any product depicting your Content does not indicate that workART approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that workART may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of workART, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
No earnings will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of these Terms, including but not limited to no earnings on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Hyperlinks, Framing, spiders and crawlers: No person, business or web site may link to any page on this Website, or use any technology to search and gain information from the Website, without the prior written permission of workART. Such permission could be obtained by contacting workART here: firstname.lastname@example.org In addition, no person, business or web site may -
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website content;
reformat or frame this site or any of the pages on this Website in any way whatsoever.
General: You agree to use the Website in accordance with this User Agreement and all applicable laws, regulations and ordinances. In particular, you undertake not to engage in any of the following prohibited conduct in using the Website:
threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, User, or otherwise interfering with another person's use of the Website;
submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;
conducting fraudulent activities;
delivering or attempting to deliver any damaging code to this Website or attempting to gain unauthorised access to any page on this Website
tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website;
posting spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
keyword spamming or otherwise attempting to manipulate search results;
promoting bigotry or discrimination;
violating any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
being defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
transmitting or posting profanity, adult content or illegal content, such as child pornography;
soliciting personal information from minors or to harm or threaten to cause harm to minors;
modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Website or Website content, except as expressly authorised by workART;
reverse engineering any portion of the Website;
removing or modifying any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
recording, processing, or mining information about other Users or Merchants;
accessing, retrieving or indexing the Website to construct or populate a searchable database of business listings or reviews;
taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on workART's technology infrastructure;
attempting to gain unauthorised access to the Website, computer systems or networks connected to the Website through hacking, password mining or any other means; unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
using the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
using any device, software or routine that interferes with the proper working of the Website, or otherwise attempting to interfere with the proper working of the Website;
making excessive traffic demands;
violating the security of any computer network, crack passwords or security encryption codes; disrupt or interfering with the security of, or otherwise causing harm to, the Website or Website content;
removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website;
doing anything which may render workART liable to anyone, or cause workART to lose (in whole or in part) the services of our ISP's or other suppliers.
You acknowledge that if you use the Website in a manner that violates the aforegoing provisions, workART may incur liability and/or suffer damages and accordingly in the event of any such violation, your access to the Website will be subject to limitation, suspension or immediate termination; you will be subject to damages and other penalties, including criminal prosecution where applicable; and you will be held liable to workART for any and all damages suffered by workART including any attorney's fees (on an attorney and own-client scale) and, without limiting the generality of the aforegoing, you shall reimburse workART for any and all costs, expenses, and fines levied on it by third parties as a result of your activities.
15. Term and Termination
This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by workART from time to time, for so long as the Website exists and is operational, workART being entitled to terminate this User Agreement and/or shut down the Website at any time.
workART may, in its sole discretion, change this User Agreement or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the User Agreement has been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, the Website.
This Website is hosted in the USA. It is controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of this User Agreement, you and workART submit to the non-exclusive jurisdiction of the South African courts.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and workART on any matter provided for in, or arising out of this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
workART chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Red Square, Lekkerwater Road, Sunnydale 7975, South Africa
When you visit the Website or send emails to workART, you consent to receiving communications from workART electronically and agree that all agreements, notices, disclosures and other communications sent by workART satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
As required by the Electronic Communications and Transactions Act, workART's information is as follows:
Full name: workART Gallery, registered in South Africa, registration number 2010/140986/23
Main business: Supplying Art Work
Address: Pinetree Business Park, Lekkerwater Road, Sunnydale, Cape Town 7975
Office bearers: E. Valentine