WEBSITE TERMS OF USE
1. Terms of use
a In these terms of use, "we", "us" and "our" means Luisa Manea (ABN 14 697 065 471) of Cairns 4868. Please read these terms of use carefully as they apply to your use of this website including any content on it (www.Luisamanea.com). By accessing or using the Website you agree to be bound by these terms of use.
b We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
2. Copyright and other rights
a The Website is subject to copyright and possibly other intellectual property rights.
b The text, images, works and all data, in particular the insert nature of the works, eg. paintings, photographs, sculptures, etc featured on the Website (Website Content) featured on the Website are also protected by copyright.
c Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on the Website
a We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
b We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.
c Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at Lmanea@iinet.net.au if you wish to seek such consent.
3.4 (THE WEBSITE HAS A BLOG)
d Subject to applicable law, we may revoke the permission referred to in clauses 3.1and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website, including the Website blog, without notice.
[OR]
e Subject to applicable law, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.
4. Linking to the Website
a We encourage you to provide links to the Website. While you may use the name “https://www.luisamanea.com” in the text of any such link, you may not use the Luisa Manea logo or any of our other trade marks without our prior written consent.
b You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us.
c If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. Accuracy of content
a While every effort has been made to show as accurately as possible the colours of the insert description of Website content, e.g. artwork or photography that appear on the Website, we cannot guarantee that your computer monitor will display the colour of the insert description of Website content, e.g. artwork or photography accurately.
b Some of the information on the Website may be provided by third parties, including insert information, for example “descriptions and photographs of the artwork”. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
6. Registration
a You are not required to register to use the Website.
[USE CLAUSES 6.2 AND 6.3 IF THE WEBSITE HAS ANY FEATURE REQUIRING REGISTRATION, FOR INSTANCE A BLOG. YOU CAN DELETE THE WHOLE CLAUSE 6 OR ONLY CLAUSES 6.2 AND 6.3 IFTHERE ARE NO REGISTRATION REQUIREMENTS]
b However certain features on the Website may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
c You may cancel your registration by notifying us at Lmanea@iinet.net.au and providing your user name
7. Email and SMS services
[THIS CLAUSE, OR PARTS OF THIS CLAUSE, SHOULD BE DELETED IF NOT APPLICABLE]
a The Website provides various ways for you to receive emails and/or SMSs from us, such as alerts when new listings/artworks/content are/is made available. You can manage these emails and/or SMSs from us and elect not to receive them by insert ways in which users can elect not to receive any further communications. For example, “contacting us at [EMAIL ADDRESS] or on [TELEPHONE NUMBER]”.
[DELETE CLAUSE 7.2 IF THERE ISN’T AN “EMAIL A FRIEND” FUNCTION]
b The Website also allows other users to send you emails about content on the Website, such as our “email a friend” function. We do not control the users of the Website and cannot be held responsible for emails that may be sent to you in this manner. If you send such an email, you must ensure that the recipient wishes to receive the email.
c If you receive unwanted emails and/or SMSs from us, you may contact us to request that emails and/or SMSs to you be discontinued by insert ways in which users can elect not to receive any further communications, e.g. “contacting us at [EMAIL ADDRESS] or on [TELEPHONE NUMBER]”.
[SELECT EITHER CLAUSE 7.4 OR 7.5 DEPENDING ON WHETHER EMAIL OR SMS SERVICES ARE PROVIDED FREE OF CHARGE. DELETE THE CLAUSE YOU DO NOT USE]
d While our email and SMS services are provided free of charge from us to you, we are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
[OR]
e We are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
8. Blogging
[CLAUSE 8 SHOULD BE DELETED IF THE WEBSITE DOES NOT INCLUDE A BLOG. CLAUSE 8 IS NOT SUITABLE FOR WEBSITES THAT ALLOW THE UPLOADING OF PHOTOS OR AUDIO AND VISUAL MATERIAL]
Signing up
[IT IS ASSUMED THAT USERS WILL NEED TO SIGN-UP TO USE THE BLOG. CLAUSES 8.1 AND 8.2SHOULD BE DELETED IF USERS ARE NOT REQUIRED TO REGISTER.]
a When registering to use the Website blog, you may be requested to provide personal information such as your name, email address and date of birth. We will deal with your personal information in accordance with our privacy practices in clause 14 (Privacy policy).
b We may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You agree not to share your password with anyone else.
Removal and suspension
c We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these terms of use.
d We may suspend or cancel your use of the Website blog and/or “email a friend” function, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use.
Content of user postings
e The material provided and views expressed by users are the materials of those users and are not ours.
Affirmation regarding age
f By using the Website blog, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
9. Your content
[CLAUSE 9 SHOULD BE USED IF THE WEBSITE HAS A BLOG AND/OR AN “EMAIL/SMS A FRIEND” FUNCTION. DELETE ANY SUB-CLAUSE THAT IS NOT APPLICABLE]
Your responsibilities
a You must not provide any material through the Website blog and/or “email a friend” function(Your Content) that:
infringes the intellectual property or other rights of another person;
is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
relates to unlawful conduct;
creates a privacy or security risk to any person, including by soliciting personal information from any person;
solicits money from any person;
is false, misleading or deceptive;
contains financial, legal, medical or other professional advice;
would harm, abuse, harass, stalk, threaten or otherwise offend;
would reflect negatively on us, including our goodwill, name and reputation;
tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
would breach any applicable laws; or
would otherwise result in civil or criminal liability for you, us or any third party.
[CLAUSE 9.2 SHOULD ONLY BE IF THE WEBSITE HAS A BLOG. DELETE IF INAPPLICABLE]
b By posting Your Content to the Website blog, you:
grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
warrant that you have the right to grant such licence.
Indemnity
c You agree to indemnify and hold [YOUR FULL NAME/NAME OF BUSINESS] (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.
10. General restrictions
[CLAUSE 10.1 MAY BE APPLICABLE IF, FOR EXAMPLE, THE WEBSITE CONTAINS A BLOG AND USERS ARE REQUIRED TO REGISTER TO USE THE BLOG. DELETE IF INAPPLICABLE]
a In using the Website, you must not:
provide us with inaccurate or incomplete information;
violate any applicable laws, or use the Website for any purpose that is unlawful;
[SUB-CLAUSE 10.1.c IS ONLY APPLICABLE IF USERS ARE ABLE TO SEND AND RECEIVE EMAILS THROUGH THE WEBSITE. DELETE IF INAPPLICABLE]
use the email functionality of the Website to send unwanted emails or spam;
distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
collect or store personal data about other users of the Website; or
engage in any other conduct that inhibits any other person from using or enjoying the Website.
11. Warranties and liabilities
a All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
b In particular, and without limiting paragraph 11.1:
while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
c We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.
d Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD [AMOUNT].
e Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
f Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
12. Variation of the Website
a We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
13. Links and advertisements
a The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
14. Privacy policy
[CLAUSE 0 AND 14.2 MAY NOT BE APPLICABLE IF YOU DO NOT COLLECT PERSONAL INFORMATION AND ARE NOT REQUIRED TO HAVE A PRIVACY POLICY. REFER TO THE EXPLANATORY NOTES. DELETE IF INAPPLICABLE]
a In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link [LINK TO PRIVACY POLICY] to view our privacy policy.
b You may update any personal information you have given us at any time by emailing [EMAIL ADDRESS].
[YOU MUST INCLUDE CLAUSE 14.3, REGARDLESS OF WHETHER YOU ARE REQUIRED TO HAVE A PRIVACY POLICY. SEE THE EXPLANATORY NOTES]
c Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
15. Force majeure
a Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
16. Infringing or objectionable content
a If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us in accordance with our notice and take down policy at [INSERT LINK TO NOTICE AND TAKE DOWN POLICY].
17. General provisions
a If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b These terms of use are governed by the laws of [STATE OR TERRITORY OF YOUR RESIDENCE, PLACE OF BUSINESS OR OF INCORPORATION OF YOUR ORGANISATION], Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of [STATE OR TERRITORY OF YOUR RESIDENCE, PLACE OF BUSINESS OR OF INCORPORATION OF YOUR ORGANISATION], Australia.
[INCLUDE THE FOLLOWING PARAGRAPH IF THE WEBSITE RELATES TO A HIGHLY REGULATED INDUSTRY, OR IS OTHERWISE CONTROVERSIAL]
This Website is intended for users within Australia only.
c These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
d Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
e The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
f No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
g The word “including” when used in these terms of use is not a term of limitation.
Date of last revision: [day/month/year]
DISCLAIMER FOR EMAILS AND SMSs
The following disclaimer should be used as the footer of emails sent from the Website, including emails that a user has subscribed to (e.g. alerts) and those that are sent to a third party (e.g. “email a friend”). The disclaimer may be in a different font size and colour to the main body of the email, however it should be clearly noticeable and legible.
This email has been sent to you from the [insert Website name] website, either because you or someone who provided your email address to us requested that we do so. If you do not wish to receive further emails from us, you may contact us at [insert email address]. Use of the [insert Website name] website is subject to our terms of use.
The following disclaimer should be used in all SMSs sent by you to a user.
To opt out of receiving any further SMSs, please SMS [insert number].
Read these Terms of Service carefully before purchasing.
Age of majority in your state must be adhered to before purchasing any products.
No illegal or unauthorised use of our products are allowed.
You are not allowed to transmit worms or virus of disruptive nature on this site.
I Luisa Manea and employees are allowed to refuse service/s to any one for any reason
You agree to adhere by the copyright law for for any images on this site including purchases.
if you purchase a product you do not own the copyright.
Luisa Manea owns copyright even if it is a commission.
Do not order a commission unless you accept this arrangement, Luisa Manea may of her choosing sell prints of your commission. If you don't want this but would still like to purchase a commissions a different more expensive pay structure will apply.
for example you can't use your commission for your wedding invites, business cards, sell prints, reproduce, avatars... unless pre arranged. Ask for permission in writing before doing any of the above. (an fee will apply)
If the commission is of a bespoke designer garment or piece you need to notify Luisa Manea. You also have to get permission from the designer for your commissioned art work before I can start any work.
If you do not tell me of the designer or gain permission, the designer is well with in their legal right to take you to court.
The information on this site is up dated regularly. The material on this site is general in nature please contact Luisa Manea in writing Lmanea@iinet.net.au for further information on products.
I reserve the right to change past information on this site, it's for your reference only, including present information. It's your responsibly to monitor changes that may have occurred.
Product prices are subject to change at any time.
Limited edition prints and original paintings are subject to a non return policy.
If damaged during transit all items are insured and its your responsiblity to seek insurance from the delivery company.
There is a strictly no return policy including change of mind. Choose carefully as there are no returns. Art is a personal purchase of want not need.
Images are display as close as possible to the correct colour . I some times use filters if the colour is not life like on the screen. But different computers are collaborated differently. Thus I can only reproduce to the best of my knowledge from my Apple computer screen.
Cairns has a lot of over caste days. I photograph in sunlight under shade. This gives a true sense of colour and texture.
Descriptions of products and pricing can be subject to change due to a reason as paint products have gone up, or for no reason at all, or a limited edition print is in high demand...
Products will be discontinued at any time due to no stock, or for no reason at all.
There are no warranties with art work or services. I advise you care for your painting by storing and framing correctly.
Billing
There may be limits to purchases, we can refuse an order and not need to give a reason.
If we cancel an order we will attempt to notify you by the correspondence you provide. If we can't get in touch for what ever reason we have the right to cancel the sale. This can be due to buyers reselling work or dealers hiring out works...
There are no refunds of any nature.
Limited edition prints are printed on expensive artist paper using Giclee prints, they are signed and numbered, and logged in order. The 1st print is always the most valuable and then the following prints are valued in number order from most to least. This is import information if you are keen on collecting art.
There are no discounts for original work.
Your personal information is not on sold, but may be used to inform you (the buyer) of new product/s through emails provided.
If an error occurs we have the right to change the price/ information... even if you have purchased the product.
Prohibited Uses
You are prohibited from using this site unlawfully, violate International law, federal law, to harass, abuse, harm, insult, discrimination on gender, slander, to submit false information, to spam, phish, we can terminate your use for any reason.
Once you have purchased an art work its for private use only. That means you can not use it as your avatar, party invites, business cards, on sell as prints, reproduce in any way.
To do so requires permission in writing to Luisa Manea Lmanea@iinet.net.au and a completely different pay structure.
Works can not be defamed or damaged or used in such a way to damage the name Luisa Manea.
if returning artwork by Australia Post or any other delivery company, tracking and insurance need to be provided.
Refunds are valid for 30 days only
Please contact us A.S.A.P. to arrange a refund, if your art work has been damaged in-transit, (it will not be cover if your dog ate the parcel).
If the wrong stock has been sent by mistake again it will need to the processed A.S.A.P. valid for up to 30 days.
Do not take the stock out of its packing( plastic sleeve or tissue, return the item undamaged and not handled), and I replacement will be sent upon receipt of returned item.