1. About the Website
1.1. Welcome to www.artofwall.pictures (the 'Website'). The Website facilitates
interactions between:
making it easier for the Receiver and the Provider to locate, communicate,
arrange payment and deliver the services in a fast and secure manner (the
'Services').
(a) Client (the 'Receiver'); and
(b) Art of Wall (the 'Provider'),
1.2. The Website is operated by Art of Wall . Access to and use of the Website, or
any of its associated products or Services, is provided by Art of Wall. Please
read these terms and conditions (the 'Terms') carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and
agree to be bound by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of its products or Services, immediately.
1.3. Art of Wall reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Art of Wall updates the Terms, it
will use reasonable endeavours to provide you with notice of updates of the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as
required under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made available to you
by Art of Wall in the user interface.
3. The Services
3.1. In order to access the Services, both the Receiver and the Provider are
required to register for an account through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.3. You warrant that any information you give to Art of Wall in the course of
completing the registration process will always be accurate, correct and up to
date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Art of Wall; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Art of Wall of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use
the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or
distribute on the Website ('Your Content') will always be accurate,
correct and up to date and you will maintain reasonable records of Your
Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of
the Website (where interaction with other Members is made available to
you);
(h) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of providing the
Services;
(i) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Art of Wall;
(j) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of the Services. Appropriate legal action will be
taken by Art of Wall for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Using the Website as the Receiver
5.1. The client uploads an image and we alter it in an artistic way
6. Using the Website as the Provider
6.1. ......
7. Payment
7.1. By Art of Wall offering the Services to you, you agree that:
(a) The client provides payment during the ordering process. They can then
access the print shop or download the image file and have it printed
elswhere
7.2. All payments made in the course of your use of the Services are made using
Stripe and PayPal. In using the Website, the Services or when making any
payment in relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Stripe and PayPal terms and
conditions which are available on their website.
8. Refund Policy
8.1. Since Art of Wall is only a facilitator in introducing the Receiver to the Provider
and providing a system to make safe payment, Art of Wall does not hold any
liability to the Receiver directly and will not personally refund them any
payments made in the use of Services.
8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services
provided by the Provider or believes that they may be entitled to a refund, then
Art of Wall requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days,
contact Art of Wall through the 'Contact Us' section of the Website
outlining why you believe you are entitled to a refund so we are able to
determine if the Provider should be removed from the Services.
8.3. If contacted by a Receiver who is requesting a refund pursuant to the above
clause, the Provider agrees that it will immediately:
(a) complete the Art of Wall refund request form (the 'Request Form')
provided on the Website; and
(b) provide both the Request Form and the email from the Receiver
requesting the refund to Art of Wall.
8.4. If the Provider agrees to a refund it is acknowledged that the Provider will
instruct Art of Wall to refund all or part of the payments made to the Receiver
directly, less any fees and charges incurred by Art of Wall in processing the
refund.
8.5. Both the Receiver and Provider agree that they will comply with the Refund
Policy contained in this Clause of these Terms.

Art of Wall takes your privacy seriously and any information provided through your use of
the Website and/or Services are subject to Art of Wall's Privacy Policy, which is available
on the Website.

11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Art of Wall will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a result of not
being able to use the Services or the late supply of the Services), whether
at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Art of Wall make any express
or implied representation or warranty about the Services or any products or
Services (including the products or Services of Art of Wall) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Art of Wall; and
(d) the Services or operation in respect to links which are provided for your
convenience.
11.4. You acknowledge that Art of Wall Website and the Services are only intended
to facilitate the interactions between the Receiver and the Provider and does
not offer any services other than the Services and Art of Wall holds no liability
to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

12. Limitation of Liability
12.1. Art of Wall's total liability arising out of or in connection with the Services or
these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply
of the Services to you.
12.2. You expressly understand and agree that Art of Wall, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
loss.
12.3. You acknowledge and agree that Art of Wall holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing Your Content to the Website.
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing Art of Wall with
14 days' notice of your intention to terminate by sending notice of your intention
to terminate to Art of Wall via the 'Contact Us' link on our homepage.
13.2. Art of Wall may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Art of Wall is required to do so by law;
(c) Art of Wall is transitioning to no longer providing the Services to Members
in the country in which you are resident or from which you use the service;
or
(d) the provision of the Services to you by Art of Wall is, in the opinion of Art of
Wall, no longer commercially viable.
13.3. Subject to local applicable laws, Art of Wall reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts Art of Wall's name or reputation or violates the rights of
those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Art of Wall have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which
are expressed to continue indefinitely, shall be unaffected by this cessation,
and the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.

14. Indemnity
14.1. You agree to indemnify Art of Wall, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
15.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the AMA or
his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Melbourne, Australia

15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.

15.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
16. Venue and Jurisdiction
The Services offered by Art of Wall is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
17. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Victoria, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.