Terms of Use

  1. Acceptance of Terms

This document outlines the Terms of Use for ArtsQuest Inc. also referred to as ArtsQuest.ca. By accessing this site, using any function or service of the site or logging into an account you are agreeing to the Terms of Use outlined here. You (the user, artist or customer) accept that this is a legally binding document between yourself and ArtsQuest Inc. ArtsQuest.ca is a virtual venue that facilitates the buying and selling of original fine art and craft handmade in Canada. ArtsQuest Inc. is not directly involved with purchase agreements made between artists and customers and does not accept responsibility or  be held liable for the transactions that occur on the website. You agree to be bound by this agreement and the additional terms, conditions and policies referenced herein and/or available by hyperlink when using the site in any manner including but not limited to visiting or browsing. This agreement applies to all users of ArtsQuest.ca, including users who are vendors, customers, merchants, and contributors of content, information and other materials or services on the site. All users must agree to, and comply absolutely with the Terms of Use set forth by this document. Use of the site constitutes agreement to comply with these Terms of Use.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using the ArtsQuest.ca website, you consent to the conditions described therein and warrant that all data provided by you is accurate.

  1. Fees and Service

Access to buyer account functions and general usage is free. Access to a seller account and functions requires a paid-up member subscription (see specific pricing policy). All fees are subject to change at any time with advance notice via email. Therefore, it is the responsibility of sellers to make sure emails are current with ArtsQuest Inc. It is the sole discretion of ArtsQuest Inc. to grant site usage, as well as to revoke site usage at any time, for any reason and without notice to you. By your use of the ArtsQuest.ca you agree that ArtsQuest Inc. is not liable to you or any third party for the termination or restriction of your account. ArtsQuest Inc. retains the right to refuse service to any member and suspend any users account at its sole discretion.

  1. Eligibility

To access and utilize the resources on this site you must be a registered user (seller) and comply with the following restrictions: ArtsQuest.ca’s services are only available to users (sellers) who are 18 years of age or older and can legally create a binding contract between buyer and seller. A minor (under the age of 18) can act as a seller or buyer if they have supervision at all times from a parent or legal guardian.Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user (seller). The user (seller) or parent/legal guardian agrees that ArtsQuest Inc. shall not be held responsible for any damages incurred by non-commitment to this policy.

Further, you, as either a registered or non-registered user, agree to comply with the Terms of Use for ArtsQuest.ca and the decisions of ArtsQuest Inc. staff, and shall not act in a manner that hinders or prohibits ArtsQuest Inc. from conducting business or damages the integrity of the marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.

  1. Listing and Selling on ArtsQuest.ca

ArtsQuest.ca provides a single user store and art group store (see Terms of Use for forming an art group store) for artists and authorized representatives living in Canada to sell handmade fine art and crafts made in Canada (see eligibility policy). Sellers may only list products and conduct sales transactions for items that they are legally able to sell and are original sale only (meaning no reselling). Any item that does not meet this criterion will be removed at ArtsQuest Inc.’s discretion and the user’s account will be evaluated for possible termination. ArtsQuest Inc. reserves the right to review a user’s account at anytime and without notice. ArtsQuest Inc. reserves the right to remove content which is deemed to be inappropriate or that could subject ArtsQuest Inc. to legal action.

Registered sellers may open a “store” and sell an unlimited number of items. All users must warrant that the products that they intend to sell on ArtsQuest.ca are shown and described accurately and completely. Each one-of-a-kind item may only have one listing. Items listed by sellers will remain active as long as their account is paid in full.

Store – All users that choose to open a store are encouraged to create and post a list of policies outlining the specific details for their store. These policies should include but not be limited to: shipping and handling fees, return policy, and selling policies (see Help For Sellers page for suggestions). All store policies must conform to the policies for acceptable use and privacy set forth by ArtsQuest Inc. In the event the personal store policies conflict with the Terms of Use of ArtsQuest Inc. the Terms of Use will supersede any personal store policies.

The transaction between buyer and seller is considered a legally binding contract between them. ArtsQuest Inc. shall not be held liable, nor will ArtsQuest Inc. mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the item(s) sold. The buyer is responsible for paying for items purchased, in accordance with the policies set forth by the seller.

The seller of an item or items must guarantee the condition of the item and may not misrepresent the item to be sold in any way which includes using misleading tags to attract buyers to your store.

Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller’s local jurisdiction remains the sole responsibility and liability of the seller. ArtsQuest Inc. does not collect or make tax payments on any seller’s behalf. All sellers have the ability to turn on or off the tax calculations at the personal store level and collect tax independently of the suggested tax rates in the ArtsQuest.ca shopping cart and checkout process if tax is applicable for your business. By using the ArtsQuest.ca platform you agree that ArtsQuest.ca is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities if applicable.

  1. Infringement of Policy

All users of ArtsQuest.ca must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. ArtsQuest Inc. will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on ArtsQuest.ca. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on ArtsQuest.ca

  1. Buyer and Seller Transactions

Through the use of the ArtsQuest.ca service, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and/or services. ArtsQuest Inc. does not represent either party.

Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions (see Terms of Use for E-Commerce). Users should be aware of other users operating under false pretense, misrepresentation, and with the intent to commit fraud.

While ArtsQuest Inc. takes precautionary measures to ensure the identity and validity of users who sign up electronically to use the site service, we cannot and do not confirm the identity of all parties who use the ArtsQuest.ca service. We suggest all users employ common sense, and encourage users to contact ArtsQuest Inc. to report any and all suspicious behaviour or misappropriation of the site service.

ArtsQuest.ca does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via service@ArtsQuest.ca. ArtsQuest.ca provides an open community and embraces the free speech of users on the site within the limitations set forth in this Terms of Use and decisions made by ArtsQuest Inc. staff.

  1. Dispute Resolution

For disputes between users and ArtsQuest.ca, please contact ArtsQuest Inc. directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

In the event that a dispute arises between one or more users of the ArtsQuest.ca site or a 3rd party, ArtsQuest.ca will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, ArtsQuest Inc. has no obligation to mitigate or resolve disputes between users and other parties. ArtsQuest Inc. encourages users to use the proper local, national or international authorities to assist in dispute resolution.

  1. Intellectual Properties

All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by ArtsQuest Inc., ArtsQuest Inc. employees, or contractors of ArtsQuest Inc. are considered the trade brand of ArtsQuest.ca. Any and all data aforementioned is copyrighted and may not be used without the express written permission of ArtsQuest Inc. or its officers, managers, agents and/or employees.

Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to republish said content for the purposes of promoting or providing benefit to the web community and properties of ArtsQuest Inc.

This license extends to the reasonable lifetime of any promotional tool. ArtsQuest Inc. does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:

ArtsQuest.ca
Attn: Ethics and Compliance Department
Suite 1 – 560 Baker Street
Nelson, BC V1L 4H9

Email: ECD@artsquest.ca

All end users recognize that ArtsQuest Inc. has no control or takes no responsibility over any third party who may copy or use content from a public website.

  1. Disclaimer of Warranties

By registering as an ArtsQuest.ca user or accessing the site you hereby agree that:

You use the ArtsQuest.ca site and service with the knowledge that it is at your own risk. The website and service are provided “as is” and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.

ArtsQuest Inc. and its officers, managers, agents, employees, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the ArtsQuest.ca site and services.

No advice, communication or other information provided by ArtsQuest.ca and its officers, managers, employees, suppliers, subsidiaries and affiliates shall create any warranty or guarantees.

Last updated November 8, 2019

 

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