Terms and Conditions

These Terms and Conditions are the terms on which Ocula Limited (Ocula) offers you access to Ocula’s services and websites. By viewing our websites and using our services you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using our websites and services. Ocula Limited is a registered company in New Zealand. Registered office at Level 1, 4/25 Sale St, Freemans Bay, Auckland, 1012, New Zealand. We can be contacted at info@ocula.com or phone +64 (09) 303 3126.

These Terms and Conditions may be amended in whole or in part by Ocula from time to time. Amendments will be effective immediately upon posting on this website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of our website and our services represents your agreement to be bound by these Terms and Conditions as amended.

Ocula provides a venue to introduce buyers to galleries for the buying of artworks.

A. Ocula Shop

This section of the Terms and Conditions governs the use of all Ocula websites and the purchase and selling of artworks on the Ocula Shop site. 

  1. DEFINITIONS: In this Ocula Shop section, the following expressions have the following meanings:
    • 'artwork', 'artworks', 'work', 'works', means goods or property that may be bought or sold using Ocula’s Services
    • 'member' means a registered member of Ocula
    • 'Services' means any one or more of the services offered by Ocula from time to time, including services on Ocula’s websites and any other service that Ocula may offer
    • 'we', 'us' and 'our' are a reference to Ocula
    • 'you' and 'your' are a reference to you
    • 'Website', ‘Websites’, ‘Site’ means any Ocula website through which the Services are offered
    • 'listing' means a listing on our Website through which you offer, negotiate, buy, sell or advertise any artwork
    • 'seller' or 'vendor' means an art gallery selling artwork on the Ocula Shop site.
  2. CURRENCY AND TAX
    Artworks will be listed in the relevant currency and will include relevant taxes in the price (if applicable). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
     
  3. PURCHASING ARTWORKS ON THE OCULA SHOP WEBSITE
    1. Your purchase is not retractable and you must pay the purchase price immediately.
    2. Upon purchasing an artwork, your credit card payment will be processed. You will pay for the costs of shipping as shown on the Site.
    3. You are purchasing the artwork from the seller. Ocula offers no warranty as to the authenticity or condition of any artwork.
    4. Ocula has no liability or responsibility for the actions of the gallery selling any artworks on our Site.
  4. REGISTERING AS A MEMBER
    1. You may only register as a member if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract. You are responsible for any actions taken through your membership. Ocula memberships cannot be sold, leased, lent or traded.
    2. You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Ocula to ensure it is kept current at all times. Ocula may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
    3. Ocula reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Ocula may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these Terms and Conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.
    4. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
      1. not to permit any other person to use your user name or membership; and
      2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
    5. Emails and newsletters: Ocula will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Ocula products and services to you.
  5. LIABILITY
    1. Transactions are conducted entirely at your own risk. You agree that Ocula takes no responsibility or liability for any conduct or misconduct of any of its members or galleries who use our services. Ocula gives no undertakings, representations, or warranties in relation to artworks sold or listed on its Website:
      1. about ownership of any artwork
      2. as to the authenticity, content, description, worthiness, quality, or legality of the artworks that are listed on its Website
      3. as to the accuracy or truth of listings.
    2. You expressly understand and agree that:
      1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law Ocula disclaims and excludes all implied conditions or warranties.
      2. Ocula does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable
      3. No advice or information that is obtained by you from Ocula or anyone else shall create any warranty by Ocula that is not expressly stated in the terms and conditions; and
      4. Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute Ocula's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
      5. While Ocula has systems in place to reduce the risk of credit card fraud, Ocula is not responsible for protecting members from credit card fraud.
      6. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
    3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Ocula to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Ocula's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
    4. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
    5. Without limiting any other rights and remedies available to Ocula, Ocula may limit your activities on the Website, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide services to you if you breach these Terms and Conditions or where Ocula considers it appropriate.
  6. GENERAL PROVISIONS
    1. All listings and communications made through Ocula shall be made in good faith.
      • You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
      • You are responsible for any actions taken through your membership. Ocula memberships cannot be sold, leased, lent or traded.
    2. Any copyright licences required in showing any artwork on the website is the responsibility of the seller.
    3. Licencing Regulations
      The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer’s responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, Ocula has no liability for any such licence costs or resale royalties.
    4. Ocula will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Ocula takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Ocula assumes no responsibility for the corruption of any data or information held by Ocula.
    5. You agree not to involve, or attempt to involve, Ocula in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
    6. Ocula has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Ocula to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Ocula.
    7. If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
    8. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
    9. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
    10. Ocula (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

      You may not without our prior written permission, in any form or by any means:
      1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
      2. Commercialise, copy, or on-sell any information, or artworks obtained from any part of this Website.
    11. These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
    12. Ocula collects personal information about you through your use of the Services and the Website, including:
      1. your registration details; and
      2. information relating to your use of the Website and the content you access.
      You agree that Ocula may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Ocula products and Services to you, and for any other use that you authorise.
    13. The material on our Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Ocula provides this website on the basis that Ocula excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. Ocula has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on our Website and cannot accept liability for any errors or omissions.
    14. Material appearing on our Websites may include advertising and other material submitted by parties other than Ocula. Our Websites may also provide links to other websites operated by advertisers and third parties. Links to such sites are provided solely for your convenience. If you use these links, you leave our Website. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations and Ocula does not control and is not responsible for these websites or their content or availability. Ocula therefore does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk. To the full extent permissible by law, Ocula disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with any relevant laws or regulations.
    15. REGISTERING AS A MEMBER
      1. You may only register as a member if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract. You are responsible for any actions taken through your membership. Ocula memberships cannot be sold, leased, lent or traded.
      2. You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Ocula to ensure it is kept current at all times. Ocula may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
      3. Ocula reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Ocula may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these Terms and Conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. No Listing Fees will be refunded in such cases.
      4. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
        • not to permit any other person to use your user name or membership; and
        • not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
      5. Emails and newsletters: Ocula will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Ocula products and services to you.
    16. LIABILITY
      1. Transactions are conducted entirely at your own risk. You agree that Ocula takes no responsibility or liability for any conduct or misconduct of any of its members. Ocula gives no undertakings, representations, or warranties in relation to artworks sold or listed on its Website:
        1. about ownership of any artwork
        2. as to the authenticity, content, description, worthiness, quality, or legality of the artworks that are listed on its Website
        3. as to the accuracy or truth of listings.
      2. You expressly understand and agree that:
        1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law Ocula disclaims and excludes all implied conditions or warranties.
        2. Ocula does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable
        3. No advice or information that is obtained by you from Ocula or anyone else shall create any warranty by Ocula that is not expressly stated in the terms and conditions.
        4. Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute Ocula's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
        5. While Ocula has systems in place to reduce the risk of credit card fraud, Ocula is not responsible for protecting members from credit card fraud.
        6. All listings, or communications made through Ocula shall be made in good faith.
        7. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
        8. Ocula offers no warranty as to the authenticity or condition of any artwork.
        9. Ocula has no liability or responsibility for the actions of the seller.
      3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Ocula to you or any other person under or in connection with these terms and conditions, or in connection with the Services, the Website, another Member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Ocula's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
      4. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
      5. Without limiting any other rights and remedies available to Ocula, Ocula may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide services to you if you breach these Terms and Conditions or where Ocula considers it appropriate.
    17. GENERAL PROVISIONS
      1. Licencing Regulations
        The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer’s responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, Ocula has no liability for any such licence costs or resale royalties.
      2. Ocula will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Ocula takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Ocula assumes no responsibility for the corruption of any data or information held by Ocula. In rare circumstances, Ocula may decide that an auction should be re-held where Ocula deems that the auction was not properly held due to system unavailability, Website malfunction, technical problems or action or inaction by one of the parties.
      3. You agree not to involve, or attempt to involve, Ocula in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in these Terms and Conditions.
      4. Ocula has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Ocula to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Ocula.
      5. If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
      6. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
      7. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
      8. Ocula (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. Ocula is the owner of all trademarks, service marks, trade names, logos and devices appearing on our Websites, whether registered or unregistered, except where specifically stated otherwise.

        You may not without our prior written permission, in any form or by any means:
        1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
        2. Commercialise, copy, or on-sell any information, or artworks obtained from any part of this Website.
      9. These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
      10. Ocula collects personal information about you through your use of the Services and the Website, including:
        1. your registration details; and
        2. information relating to your use of the Website and the content you access.
        You agree that Ocula may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Ocula products and Services to you, and for any other use that you authorise.
      11. Material appearing on our Websites may include advertising and other material submitted by parties other than Ocula. Our Websites may also provide links to other websites operated by advertisers and third parties. Links to such sites are provided solely for your convenience. If you use these links, you leave our Website. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations and Ocula does not control and is not responsible for these websites or their content or availability. Ocula therefore does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk. To the full extent permissible by law, Ocula disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with any relevant laws or regulations.
      12. The material on our Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Ocula Limited provides this website on the basis that Ocula Limited excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. Unless otherwise stated, this website is for information only. Ocula Limited has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on this website and cannot accept liability for any errors or omissions.

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