Terms of service

Welcome to the Recovered Futures Art Exhibition e-commerce platform.

This website (Site) is operated by Richmond Fellowship Queensland (ABN 56 009 931 800) (we, our or us). It is available at: www.recoveredfuturesshop.rfq.com.au and may be available through other addresses or channels.

By accessing and/or using our Site, you, the Buyer and/or Site User (you) agree to these Terms of Use, Terms for Buyers, Refund Policy, Shipping Policy and our P rivacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. Materials and information on this Site (Content) are subject to change without notice. We are not liable if any Content is inaccurate or out-of-date.

Platform conditions

Agent: Richmond Fellowship Queensland acts as the agent for the artist (Seller) and unless otherwise stated, the sale contract of artwork is made between you and the Seller. Richmond Fellowship Queensland is not the supplier or owner of any goods and receives 15 per cent of any artwork sold. Buyers and Sellers agree, acknowledge and understand that it is the Seller who is selling the artwork to the Buyer via this Site. Richmond Fellowship Queensland acts only as an agent to conduct sales.

Background: This Site provides information about the Recovered Futures Art Exhibition hosted during Queensland Mental Health Week 2023. This Site provides an online platform to view artwork before it is showcased. Purchases cannot be made before the opening event of the 2023 Recovered Futures Art Exhibition. Selected, unsold artwork may be for sale after the exhibition concludes for a defined period.

No endorsement: Richmond Fellowship Queensland does not endorse any Seller, Buyer, Listing or Artworks.

Payments: Full payment of artwork is required at the time of purchase. Checkout is online via this Site and payment is available through the Shopify payment gateway using selected payment methods.

Purchasing artwork: Unless otherwise stated, artwork purchases are first available in-person at the Recovered Futures Art Exhibition during exclusive official pre-exhibition events and advertised official opening hours. Following the physical exhibition held in Brisbane, unsold artwork may be available for purchase online at the discretion of the Seller. This Site allows artworks to be offered to Buyers at a fixed price. Purchases are subject to our Terms for Buyers, and our Shipping Policy and Refund Policy (available on our Site).

Refunds: We offer refunds and repairs in accordance with the Australian Consumer Law. View our Refund Policy (available on this Site) for details.

Shipping: Selected pick up locations are available in Queensland, Australia. Alternatively, domestic shipping and shipping insurance can be organised at the Buyer’s expense. A quote for domestic shipping (if required) will be provided after sales are processed. Shipping outside of Australia is not available. For full shipping details, view our Shipping Policy (available on this Site).

Please view the Terms for Buyers (available on this Site) for full Terms about purchasing artwork.

Platform use

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written permission.

Prohibited conduct: You must not do, or attempt to do, anything that is unlawful; prohibited by any laws applicable to our Site; we would consider inappropriate; or that might bring us or our Site into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's permission) or any other legal rights
using our Site to defame, harass, threaten, menace or offend any person
interfering with any user using our Site
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
using our Site to send unsolicited email messages
facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with the Recovered Futures Art Exhibition or our business.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
access will be uninterrupted, error-free or free from viruses
our Site is secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Content

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

copy or use, in whole or in part, any Content
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Dispute resolution

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within seven days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such communication, except the fact of the occurrence of the communication, will be privileged. If the parties do not resolve the Dispute, or agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Applicable jurisdiction and laws

Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, contact us at:

Richmond Fellowship Queensland (ABN 56 009 931 800)

Email: info@rfq.com.au

Phone: (07) 3363 2555

Last update: 1 August 2023