Terms and Conditions

1. INTRODUCTION

Welcome to Points4Purpose, operated by Imagine Corporation. These Terms and Conditions of Use (“Terms”) apply to and govern your use of this website including any products, services, applications, newsletters and other digital offerings that may be provided by or registered by us. In these Terms, the terms “we” or “us” also refer to Imagine Corporation.

By visiting this website or using the Services, you accept these Terms and our Privacy Policy. Imagine Corporation reserves the right to modify or amend these Terms without notice. Your continued use of Imagine Corporation’s Site or Services following the posting of changes to these Terms will mean you accept those changes.

2. OWNERSHIP

The Content, Site, and Services are protected by international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). Imagine Corporation or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

3. CHANGE TO SITE OR SERVICES

Imagine Corporation shall have the right for any reason in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content and features without further notice to you. You agree that Imagine Corporation may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it if Imagine Corporation reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms or violated the rights of Imagine Corporation or any third party, or for any reason, with or without notice to you. You agree that Imagine Corporation will not be held liable to you or any third party as a result thereof.

4. THIRD PARTY CONTENT

Some of the Content on the Site is contributed by third parties. Such Content does not necessarily represent the views or opinions of Imagine Corporation. Imagine Corporation does not assume any responsibility for third-party Content posted on the Site or Services and does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content.

The Site and some Services may contain links and pointers to third-party sites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by Imagine Corporation or any of its subsidiaries and affiliates of any third party, its site, resources, or content. Imagine Corporation cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. Imagine Corporation has no control over these sites or the content within them. Imagine Corporation does not warrant that any third-party site will be free of viruses, or that they will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

5. RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL

You acknowledge that by submitting Communications to Imagine Corporation or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and Imagine Corporation, any affiliate, or subsidiary other than pursuant to these Terms. Imagine Corporation shall not be responsible for the payment of any money to any party in connection with Imagine Corporation’s use of Communications submitted by you to the Site.

Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of Imagine Corporation. Imagine Corporation does not assume any responsibility for the consequences of Communications on, or any communications resulting from the use of the Site or Services. Imagine Corporation does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users and does not endorse any opinions expressed by such users.

7. INDEMNIFICATIONS

You agree to indemnify, defend, and hold harmless Imagine Corporation and its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including without limitation, legal fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use the Site or Services, (ii) any negligence, wilful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. Imagine Corporation reserves the right, at its own expense, to assume the defence and control of any matter otherwise subject to indemnification by you.

8. DISCLAIMERS OF WARRANTIES

Imagine Corporation does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Imagine Corporation reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

9. LIMITATIONS OF LIABILITY

Imagine Corporation is not liable for any lost data resulting from the operation of the Site, provision of Services, and/or the enforcement of the Terms. Imagine Corporation urges all users to maintain their own backup versions of any Communications they provide for submission to the Site or Services. Imagine Corporation disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Imagine Corporation is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.

10. ADDITIONAL REMEDIES

You agree that monetary damages may not provide a sufficient remedy to Imagine Corporation for your violation of these Terms, and, accordingly, you acknowledge and agree that Imagine Corporation is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Imagine Corporation under these Terms, at law, or in equity. Imagine Corporation may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Imagine Corporation is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

11. SURVIVAL

The provisions titled “Ownership,” “Termination or Change to Site or Services,” “Imagine Corporation’s Rights to Materials Provided by Users,” “No Responsibility for User Transmitted Material,” “Copyright Policy,” “User Conduct,” “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability, Exclusion of Damages,” “Additional Remedies,” “Survival,” and “General Provisions” will survive termination of these Terms together with all other terms and conditions that by their nature or context are intended to survive termination.

12. GENERAL PROVISIONS

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law. The arbitrator’s award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees and shall share equally in the fees and expenses of the arbitrator. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate. These Terms constitute the entire agreement between you and Imagine Corporation with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Imagine Corporation of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Imagine Corporation must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

13. BILLING CURRENCY

Products are advertised in A$ dollars on the Site. When purchasing Imagine Corporation Products on the Site, your credit card billing address entered on step 2 will affect the currency and price of your order. The price is displayed on step 3 in your local currency, and you can choose to return to step 2 to edit your billing address before purchasing if needed. The applicable Shipping, Delivery, Handling and Insurance charges are shown in the relevant section of the website and are understood to be over and above the final successful bid price for the art.

14. NO REFUNDS

Except if otherwise expressly stated, Imagine Corporation will not refund any purchases that have been paid for. When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancelation period.

15. DISPUTE OF CREDIT CARD CHARGES

If you have a disagreement regarding a credit card charge, you may contact Imagine Corporation’s customer support in writing within 90 days of the date of the initial credit card charge. You agree that Imagine Corporation is not liable for any charges or errors not reported within such 90-day time frame and you expressly waive any right to dispute a charge to your credit card if you have not contacted Imagine Corporation customer support in writing with respect to any disputed charge within such period.

16. USAGE RESTRICTIONS

You agree that you will not:

(a) Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose.

(b) Make any Product, or any element of it, available to other persons.

(c) Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network.

(d) Remove or obscure any copyright notice(s) from materials including hard-copy print-outs.

(e) Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service.

(f) Alter, amend, modify, translate, or change any Product, or any element of it.

(g) Undertake any activity which may have a damaging effect on our or any of our third-party licensors’ ability to achieve revenue through selling and marketing the Products.

(h) Use any Product or any element of it supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it.

(i) Permit any third party to obtain remote access to any Product, or any element of it, through your computer network.

(j) Disclose the username or password assigned by us to any person, firm, or company.

17. DISCLAIMERS OF WARRANTY

Imagine Corporation, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guarantee or make representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.

18. LIMITATIONS OF LIABILITY

We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the Imagine Corporation customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.

We shall not be liable for any claim or loss arising from:

(a) Any failure or malfunction resulting wholly or to any extent from your negligence, operator error, or any other misuse or abuse of any Product.

(b) Any failure by you to take steps recommended by us to resolve a fault in any Product.

(c) Any modification of any Product, its merger with any other program or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us.

(d) Your inability to use any Product due to website downtime.

 

To the fullest extent permitted by applicable law, Imagine Corporation does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.

Imagine Corporation encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results.

To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement or any product supplied hereunder is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.

Notwithstanding anything else contained in this agreement and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.

You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.

19. FORCE MAJEURE

Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

20. GOVERNING LAW

This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New South Wales without reference to the principles of conflicts of laws thereof.