Terms and Conditions

1. About the Website

1.1. Welcome to www.ariseartproject.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

1.2. 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 Services, immediately.

1.3. The Arise Art Project reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Arise Art Project updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by, The Arise Art Project in the user interface. You warrant that you are at least 18 years of age and are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from a parent or guardian who agrees to be bound by these terms on your behalf.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), and payment information including:
(a) Email address
(b) Billing and Shipping details
(c) Telephone number
(d) Credit card information including expiration date and CVV (card verification value) or CVC (card
verification code).

3.2. You warrant that any information you give to The Arise Art Project in the course of completing the registration process will always be accurate, correct and up to date.

3.3. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with The Arise Art Project and do not have the consent of a parent of legal guardian, who agrees to represent you and be fully responsible for the payment of the Products purchased through this site; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a user of the Purchase Services

4.1. You agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your
email address. Use of your email by any other person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited.

(e) 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 The Arise Art Project providing the Purchase Services;

(f) you will not use the Purchase 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;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Arise Art Project for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Product, Orders and Refund Policy

5.1. You understand that you cannot receive a refund if you have placed an order but have change your mind.

5.2. You understand that your order commences production once you have placed your order and cannot be modified, once it has entered into production.

5.2. The Arise Art Project uses one printing Company that prints and distributes from multiple locations around the world. You understand that the Product cannot be returned due to;

(a) differences and variations in print colour, tone and vibrancy that may occur between print runs, with in and between the printing facilities used by the company that supplies the Product to Arise Art Project.

(b) differences and variations in print colour, tone and vibrancy that may occur between the Product and the photographs displayed on the Website.

The Arise Art Project makes every effort to produce high quality reproductions. The magnified image of the Product, on the Product page of the Website, will best represent the Product which will be similar to, but not identical in colour tone and vibrance to, this image. For further information refer to the “Disclaimer” found in part 10 of this document.

6. Purchase of Products

6.1. In using the Purchase Services through this Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

6.2. You represent and warrant that you have legal right to use credit cards and other payment methods in connection with any purchase and that the information that you supply is true, correct and complete.

6.3. Payment of the Purchase Price may be made through PayPal (the ‘Payment Gateway Provider’)

6.4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

6.5. Following payment of the Purchase Price being confirmed by The Arise Art Project, you will be issued with a receipt to confirm that the payment has been received and The Arise Art Project may record your purchase details for future use.

6.6. You acknowledge that the Products are available only in the selected countries, nominated on this website. Mugs are available for purchase within Australia only.

7 Limited Warranty

7.1. The Arise Art Project’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. Products are made to order.

7.2. Once ordered, a product cannot be returned if you change your mind. You are entitled to a replacement for a major failure of the Product or any other reasonably foreseeable loss or damage.

7.3. You may make a claim under this clause (the ‘ Limited Warranty Claim’) for material defects and workmanship in the Products by contacting us via email within 7 days of receiving the product or 21 days from the order date.

7.4. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to The Arise Art Project showing the date of purchase of the Products, provide a description of the fault evident with the Product and the price paid for the Product by sending written notice to The Arise Art Project by emailing admin@ariseartproject.com.

7.5. Where the Warranty Claim is accepted then The Arise Art Project will, at its sole discretion, replace any defective Products with a remanufactured equivalent during the Warranty Period at no charge to you for parts, labour or postage.

7.6. The Warranty shall be the sole and exclusive Warranty granted by The Arise Art Project and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

7.7. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

7.8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8. Delivery

8.1. You acknowledge that the Purchase Services offered by The Arise Art Project integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).

8.2 You acknowledge orders are tracked by the Arise Art Project team and will not guarantee shipping times of third party delivery services, nor offer shipping refunds for late orders. Most orders will arrive with in 10 business days how ever, allow for up to 14 business days. For a status update on your order, email us at admin@ariseartproject.com

8.3. All orders are shipped bubble wrapped and boxed. It is unlikely that the Product will arrive damaged however, in the event of damage, we ask that you email The Arise Art Project within 7 days of delivery and at; admin@ariseartproject.com with a photo of the damage. We ask you outline how the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8.4. The Arise Art Project will assess each case for legitimacy. If deemed legitimate, refunds are not available, rather The Arise Art Project will replace the Product at no extra cost.

9. Copyright and Intellectual Property

9.1. All Artwork presented on this Website, and on all other platforms, the Website, the Purchase Services and all related products of The Arise Art Project are subject to Australian and international copyright laws. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by The Arise Art Project or its contributors.

9.2. The Arise Art Project retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Arise Art Project; or

(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of The Arise Art Project and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

10. Privacy

The Arise Art Project takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to The Arise Art Project’s Privacy Policy, which is available on the Application.

11. General Disclaimer

11.1. You acknowledge that The Arise Art Project does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

11.2. You acknowledge that Images viewed on any electronic device will be illuminated and will differ in brightness, colour and luminosity to canvas reproductions (the Product). Colours of all display images on this Website have been edited and subjected to the varying lighting conditions present on location when originally photographed. You acknowledge that your print will not necessarily match the colour tones depicted in the display and other photographs that are featured on the website and the closest image for each Product will be the magnified image, viewed on the purchase page. Although every effort is made to match the Product to the magnified image presented on the purchase page of the Websites user interface, you acknowledge that an exact colour match can not be guaranteed.

11.3. The Arise Art project has no control over, and assumes no responsibility for, the content, terms and conditions, privacy policies, or practices of affiliates, stockists, third party websites or services (including but not limited to, delivery services), associated with or linked to this Website. In some cases, the link is a convenience and does not imply endorsement by the Arise Art Project, of other content featured on these sites. A site may include Products, that have been approved by the Arise Art Project, and are bearing Artwork available for purchase. As such, The Arise Art Project takes the representation of The Arise Art Project brand very seriously and will in every way endeavour to ensure products displaying The Arise Art Project artwork, purchased through affiliated companies are of very high standard and quality.

11.4. The Arise Art Project takes no responsibility for the practices and policies of any other company or website that you may have accessed using external links thereby leaving this Website interface. Such companies are responsible for their own practices and as such, The Arise Art Project recommends when purchasing products featuring the The Arise Art Project Artwork from stockists and affiliates, the consumer reads the terms and conditions, disclaimers and privacy policies on the website prior to purchasing.

11.5. Any disputes through these affiliates should be addressed in the first instance, directly through the external website accessed. In the interest of providing superior quality product and level of customer service, The Arise Art Project welcomes feedback on Arise Art Project merchandise products purchased from the Arise Art Project Website and all affiliated sites by emailing admin@ariseartproject.com.

11.6. Nothing in these 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.

11.7. 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 these Terms are excluded; and
(b) The Arise Art Project 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.8. Use of the Website, the Purchase Services, and any of the products of The Arise Art Project (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Arise Art Project, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Arise Art Project (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Arise Art Project) 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 Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

12. Limitation of Liability

12.1. The Arise Art Project’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Arise Art Project is the resupply of information or Purchase Services to you.

12.2. You expressly understand and agree that The Arise Art Project, its affiliates, employees, agents, contributors, third party content providers 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. The Arise Art Project is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Arise Art Project, by third parties or by any of the Purchase Services offered by The Arise Art Project.

12.4. You acknowledge that The Arise Art Project does not provide the Delivery Services to you and you agree that The Arise Art Project will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

13. Termination of Contract

13.1. The Terms will continue to apply until terminated by either you or by The Arise Art Project as set out below.

13.2. If you want to terminate the Terms, you may do so by:
(a) notifying The Arise Art Project at any time; and
(b) closing your accounts for all of the Purchase Services which you use,

13.3. where The Arise Art Project has made this option available to you. Your notice should be sent, in writing, to The Arise Art Project via the ‘Contact Us’ link on our homepage.
The Arise Art Project 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) The Arise Art Project is required to do so by law;
(c) the partner with whom The Arise Art Project offered the Purchase Services
to you has terminated its relationship with The Arise Art Project or ceased to offer the Purchase Services to you;
(d) The Arise Art Project is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by The Arise Art Project is, in the opinion of The Arise Art Project, no longer commercially viable.

13.4. Subject to local applicable laws, The Arise Art Project reserves the right to discontinue or cancel your access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Arise Art Project’s name or reputation or violates the rights of those of another party.
13.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Arise Art Project 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 The Arise Art Project, 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; 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:
(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 Australian Mediation Association 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 Adelaide, South Australia, 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 3 months 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 Purchase Services offered by The Arise Art Project 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 South Australia, Australia.

17. Governing Law

The Terms are governed by the laws of South Australia, 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 South Australia, 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.

The Arise Art Project
Date: 01/01/2020