aAdministrative Services Information means information regarding:
- ia Member's membership;
- iiany transactions a Member is involved in;
- iiiservices that a Member has requested (for example, artist or gallery alerts);
- ivadministrative messages, Including service announcements;
- vactivities on the artFido Website or news regarding the artFido Services, Including any changes or improvements; or
- vinew artFido services.
- bAffiliate means any present or past director, officer, shareholder, agent or employee.
- cAnyone means any natural person or legal entity, Including Members or Casual Users.
- dartFido Art Watchdogs means a number of independent, experienced art experts that artFido has engaged. A list of these art experts can be accessed here www.artfido.com/art-watchdogs.
- eartFido means artFido Pty Ltd (ACN 153 951 145) and its Related Bodies Corporate and Related Entities.
fartFido Community means, individually and jointly:
- iartFido’s Facebook, Twitter and YouTube accounts;
- iithe artFido blog; and
- iiiany other social media applications accessible from the artFido Website, but excluding feedback.
- gartFido IP means the Intellectual Property Rights in the artFido System.
hartFido Platform means the electronic platform that Members can access on the artFido Website:
- ienabling sellers to publish listings of Works for sale:
- 1by online auction (with or without Reserve); or
- 2for a fixed 'buy now' price (with or without a Make an Offer Option).
- iienabling buyers to bid on and purchase those Works; and
- iiiIncluding all functionality and features that artFido periodically makes available to Members.
- jartFido Services means artFido providing access to the artFido Platform.
- kartFido System means the artFido Website, the artFido Services and the artFido Platform, individually and jointly.
- martFido Website means the website that can be accessed here www.artfido.com
nArtists' Resale Royalty Scheme means:
- ithe scheme entitling visual artists to a royalty payment on the sale price of any commercial resale of their original work, as established by the Resale Royalty Right for Visual Artists Act 2009 (Cth); or
- iiany substantially similar scheme which operates in another jurisdiction.
- oAustralian Art Sales Digest means the organisation providing information regarding the Australian and New Zealand art markets, including information about forthcoming auctions or past auction results, market statistics and news. More information about the digest can be accessed here www.aasd.com.au.
- pBusiness Day means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
- qCasual User means a person who accesses the artFido Website but is not a Member.
rClaim means any legal claim, suit, action, demand, notice, proceeding, litigation, investigation or the like, of every kind and nature, however arising, Including:
- iarising in contract, tort (Including negligence), equity or under statute; and
- iiwhether present or future, fixed or unascertained, actual or contingent, or known or unknown.
- sContent means any information in any form, Including text, graphics or photos, uploaded to, appearing in or downloaded from the artFido Community.
- tCopyright Agency means the Copyright Agency Limited or any substantially similar agency which performs equivalent functions in another jurisdiction.
uCounter Offer means a seller's offer to a potential buyer:
- ito sell the seller's Work for a particular price; and
- iiwhich is made in response to an Offer.
vDamage means any loss or damage, of every kind and nature, however caused, Including:
- iloss, damages, costs or expenses (Including legal costs and expenses on a full indemnity basis);
- iidebts, dues or liabilities;
- iiiarising directly, indirectly or consequentially;
- ivwhether pecuniary or non-pecuniary; and
- vwhether present or future, fixed or unascertained, actual or contingent, or known or unknown.
- wDistributors means individuals, legal entities or legal organisations who partner with artFido to syndicate, broadcast, distribute or publish Content on any and all forms of media;
- xEU Database Directive means the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.
- yFAQs means the list of frequently asked questions, and answers to them, that can be accessed here www.artfido.com/faq.
- zFees means the Listing Fee and the Sales Fee.
- aaGST has the meaning given to it in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any substantially similar tax which applies in another jurisdiction.
- bbIncluding means including without limitation.
- ccIntellectual Property Rights means all current and future registered and unregistered rights in respect of copyright (Including sui generis rights in databases under the EU Database Directive), designs, trademarks, patents, inventions and discoveries.
- ddLicense means an irrevocable, worldwide, non-exclusive, royalty-free license.
eeListing Fee means the fee a seller must pay to artFido once:
- ithe seller submits a listing to artFido; and
- iiartFido publishes that listing on the artFido Website.
- iiiartFido presently does not charge this fee. We'll let Members know when this changes.
- ffListing Conclusion Date means the date a listing results in a sale.
ggMake an Offer Option means the functionality attached to a particular type of 'buy now' sale which allows:
- ia potential buyer to make an Offer; and
- iia seller to make a Counter Offer.
- hhMember means a person who has registered as an authorised user of the artFido Platform.
- iiOffensive means potentially or actually hurtful or resentful, Including defamatory, discriminatory, abusive and disrespectful.
- jjOffer means a potential buyer's offer to a seller to buy the seller's Work for a price within 25% of the seller's original fixed 'buy now' price.
- kkPersonal Information has the meaning given to it in section 6(1) of the Privacy Act.
- llPost means post, submit or display.
- mmPrivacy Act means the Privacy Act 1988 (Cth).
nnPromotional Services Information means information related to promoting or marketing:
- ooRelated Body Corporate has the meaning given to it in section 50 of the Corporations Act 2001 (Cth).
- ppRelated Entity has the meaning given to it in section 9 of the Corporations Act 2001 (Cth).
- qqReserve means the undisclosed lowest price at which a seller has agreed to sell their Work that has been listed for auction on the artFido Platform.
rrResulting From means any causal connection, of every kind and nature, however strong or weak, between A and B, Including where B arises:
- idirectly out of A; or
- iiindirectly in connection with A.
- ssSales Fee means the fee a seller must pay to artFido once they sell a listed Work. From 1 April 2013, this fee will be 10% (plus GST if you are an Australian seller) of the final sale price of a sold Work (excluding any delivery costs or packaging costs).
- ttSeparate Legal Entity means a legal entity that has an identity that is separate from the actual user (Including a business, company or trust).
- uuServices Information means Administrative Services Information and Promotional Services Information.
- vvStatutory Guarantee means a guarantee provided by the Competition and Consumer Act 2010 (Cth).
wwThird Party Information means information a third party:
- ipublishes on the artFido Website; or
- iiprovides to artFido, which artFido then publishes on the artFido Website.
xxThird Party IP means the Intellectual Property Rights in external systems which a third party has:
- iprovided to artFido; and
- iipermitted artFido to reproduce on the artFido Website.
yyUnauthorised Person means a person other than:
- ia particular user of the artFido Website;
- iia user who, along with the particular user, is authorised to act on a Separate Legal Entity's behalf; and
- iiian artFido administrator.
- zzUse means use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute.
- aaaWork means an artwork listed for auction or sale on the artFido Website.
- bbbWe means artFido.
cccYou means any person:
- iaccessing the artFido Website; or
- iiusing any of the artFido Services.