Terms & Conditions
These are the terms of use (“Terms of Use”) for your use of services or features on the Helen Kay website, products site (“Site”) as well as any other sites that we may own or control, now or from time to time in the future. These Terms of Use will govern any such additional sites, products or services, regardless of when added. Likewise, these Terms of Use apply with such further interaction that may take place on third party sites such as www.facebook.com, www.twitter.com, www.youtube.com (“Third Party Sites”).
Such Third Party Sites may also be subject to additional rules and guidelines.
You thus should check the rules posted on such Third Party Sites. By using the Site, you signify your agreement to these Terms of Use and our Privacy Policy, irrespective of whether or not you have read them. If you do not agree with any of these, you should not use our Site. We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in our sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth below. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms of Use (and the applicable date), to understand the terms and conditions that apply to your use of the Site.
Product Information.
All prices displayed on the Site are quoted in Australian Dollars and are valid and effective only in the Australia. All material and information presented is intended to be used for personal educational or informational purposes only. The products available on the Site are for your personal use only. You may not sell or resell, re-print or copy any products you purchase or otherwise receive.
Disclaimer.
HELEN KAY IS PROVIDING THE SITE AND THE CONTENT CONTAINED THEREIN ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HELEN KAY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HELEN KAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. HELEN KAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnification.
You agree to defend, indemnify and hold harmless HELEN KAY (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of:
(a) your use of and access to the Site; and (b) your violation of any term of these Terms of Use.
This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
Applicable Law.
The Site is created and controlled by Helen Kay in the State of South Australia, Australia. As such, the laws of the State of South Australia will govern these Terms of Use, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the Site and these Terms of Use at any time.
Our Address.
Helen Kay
167C Unley Road, Unley.
Adelaide. SA 5061
Australia.
Helen Kay welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these disclaimers.
Copyright.
Everything on this site is copyrighted unless otherwise noted. Copyright Law protects the Artists Copyright in their original artworks. All viewers should be aware that Copyright of the artworks located on this website remain the exclusive property of the Artist. Copyright is administered by Helen Kay, the Artists or their agents. Artworks may be viewed only for the purposes of buyer browsing, and be downloaded only for such purposes. No reproduction may be made of any of the artworks from this website for commercial use for any reason without first receiving written permission from the Gallery, the Artists or their agents. Under Copyright Law it is fair use to reproduce a single copy for personal or educational purposes, provided that no changes are made to the content and provided that a copyright notice accrediting the content is attached to the reproduction. Beyond that, no further copies of artworks from this website may be made or distributed without written authorization.
Helen Kay is the copyright owner for all other aspects of the website including text, photographs and website design unless otherwise stated.
Helen Kay endeavours to show the widest possible range of artworks from its stockroom and exhibitions. All artworks shown on this website are representative of the stock carried by the gallery. While every effort is made to keep up-to-date information on artworks, some of the works appearing on this website may not be for sale. Please contact us for further details about particular artworks. If an artwork is not available for sale, Helen Kay can provide images on request of alternate artworks of a similar quality. Helen Kay reserves the right to add artworks to, or remove from, the website without prior notice. Changes or updates to the content of this site may occur without notice. No content on this site shall add to or change any contract for products or services you may have with Helen Kay. While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, Helen Kay does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site.
Fraud Protection Program.
We reserve the right to refuse to process an order at any time due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Applicable Law.
We reserve the right to refuse to process an order at any time due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
General.
Any claim or dispute between you and Helen Kay that arises in whole or in part from the Site shall be decided exclusively in the Federal Courts located in Adelaide, SA. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.