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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 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 websites and our services represents your agreement to be bound by these Terms and Conditions as amended.

Ocula provides a venue to introduce buyers, sellers and galleries for the buying and selling 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. Any selling or buying of artworks in the Ocula Black site is governed by the Ocula Black section below.

  1. DEFINITIONS: In this Ocula Shop section, the following expressions have the following meanings:
    • 'artwork', 'artworks', 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. 2. 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. 3. PURCHASING ARTWORK 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.

B. Ocula Black

This section of the Terms and Conditions govern the use of all our websites and the purchase and selling of artworks on the Ocula Black Auction site. Any selling or buying of artworks in the Ocula Shop site is governed by the Ocula Shop section above.

Where an online-auction takes place, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party through our online auctions. Though some of the services are being referred to as an auction, Ocula is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).

  1. DEFINITIONS: In this Ocula Black section of terms and conditions, the following expressions have the following meanings:
    • 'artwork', 'artworks', means goods or property that may be bought or sold through the auction process or through Ocula
    • 'member' means a registered member of Ocula
    • 'Services' means any one or more of the services offered by Ocula Limited 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 Limited
    • '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 the Website through which you offer, negotiate, buy, sell or advertise any artwork
    • 'seller' or 'vendor' includes any person placing a listing on the Ocula Black Site.
  2. YOUR OBLIGATIONS AS A SELLER
    1. You will pay Ocula the Listing Fee by credit card prior to the artwork being listed for an online auction. The Listing Fee will be paid in New Zealand dollars.
    2. Once you have listed an artwork with Ocula for sale through an online auction or through a private sale, you warrant that the artwork is exclusively for sale on such online auction or through the private sale as the case may be. Should you withdraw the artwork prior to the artwork being advertised or listed for auction on the site, then you will pay Ocula 5% of the agreed Reserve Price. Should you withdraw an artwork after it has been uploaded online for an online auction, you shall pay Ocula the Buyer's Premium of the Reserve Price.
    3. Should your listed artwork not be sold during the online auction, you agree that Ocula has the right for 30 days from the conclusion of the online auction to try and sell the artwork on your behalf and during this period you shall not sell nor attempt to sell the artworks. You will be liable for all costs and damages should you sell the artworks during this period.
    4. You will describe all artworks offered by you truthfully and accurately. Any damage must be photographed and clearly represented. The information presented must not be misleading.
    5. You will only place listings for artworks that exist and are to be sold. You will only list artworks that you are legally entitled to sell. You warrant you will not sell, nor attempt to sell the artwork by other means after Listing the artwork. You warrant that you have the legal right to publish the images and information supplied on the Site.
    6. You must not list anything or request Ocula lists anything on your behalf that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, anything which infringes copyright or other intellectual property rights, artworks which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any artwork of which the sale is prohibited by, or violates any, law. You agree that Ocula may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms and Conditions.
    7. Any copyright licences required in showing any artwork on the website is the responsibility of the seller.
    8. Ocula reserves the right to remove any listing that it deems unsuitable or in breach of the Terms and Conditions.
    9. You must promptly forward the listed artwork to the successful buyer on completion of the transaction as detailed on the Ocula Black Site.
    10. You warrant the artwork is authentic and agree to cover the costs of any claims made against Ocula (including but not limited to shipping costs and administrative costs and legal fees) for an artwork not being authentic or an artwork that has undisclosed damages or alterations.
    11. To help maintain quality listings, Ocula reserves the right to suspend artworks from the Site should an artwork not be sold in an online-auction.
    12. Following a successful online auction, the buyer has 14 days (Right of Return) from receipt of the artwork to satisfy themselves of authenticity or any damage or undisclosed alterations. Should the buyer not be satisfied with the authenticity, damage or undisclosed alterations, the buyer must immediately and without delay notify Ocula and Ocula may withhold payment to the seller until the matter has been resolved. Ocula may require as part of resolving any dispute, evidence from two independent experts (at the cost of the buyer) who both agree that the artwork is not authentic or if there is damage or undisclosed alterations that were not detailed in the lot listing when the work was offered for sale. The buyer must return to Ocula the allegedly damaged or unauthentic lot within 14 (fourteen) days of notifying Ocula of these issues. Should it be agreed by the seller, buyer and Ocula that the artwork be returned to the seller, or, if the matter requires independent experts to be involved and that the artwork is deemed by those two independent experts to be a forgery or is damaged or has undisclosed alterations, then the seller shall cover all costs of the buyer (including the costs of the independent experts if applicable) and Ocula including shipping and administrative costs. You agree Ocula has no liability or responsibility to either party in such matters other than to return the buyer's payment should the artwork be returned to the seller as described above. Receipt will be deemed to have occurred at the time of payment should the buyer request the artwork be stored by, or sent to a third party (including a request that Ocula store the artwork) and all rights of return expire after 14 days of such deemed receipt. Receipt will also be deemed to have occurred at the time of payment should there be any delay by the buyer in providing Ocula with an address for delivery. The Right of Return only applies to artworks sold through an online auction and not to artworks sold through a private sale.
    13. Should an artwork that has been sold subsequently be found to be a fake or forgery within a period of 24 months from the receipt of sale OR within the period of 12 months and it is proved to have had a deliberately disguised or undisclosed repair or that any supporting documentation provided at the time of sale was false or significantly in error as to fact, the seller will reimburse the buyer in full and the buyer shall return the artwork to the seller. Ocula has no liability in such circumstances to either party though may choose to disclose the buyer's and seller's contact details in order for the buyer and seller to resolve the matter as detailed.
    14. Any photographed representation of any artwork whether assisted by Ocula or not is the responsibility of the seller.
    15. Ocula can assist the seller in photographing the artwork on agreed terms
  3. YOUR OBLIGATIONS AS A BUYER
    1. Your bids are not retractable. You must only place a bid if you intend to buy the relevant artwork at the bid price entered.
    2. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
    3. On winning an online auction you must make full payment to the designated bank account as specified on the Ocula invoice that you will be emailed within 48 hours of the end of the auction. Full payment means the total bid price + buyer’s premium + shipping costs + any applicable charges (including any applicable GST). Payment is due within 5 working days of the online-auction closing.
    4. Following a successful online auction, the buyer has 14 days (Right of Return) from receipt of the artwork to satisfy themselves of authenticity or any damage or undisclosed alterations. Should the buyer not be satisfied with the authenticity, damage or undisclosed alterations, the buyer must immediately and without delay notify Ocula and Ocula may withhold payment to the seller until the matter has been resolved. Ocula may require as part of resolving any dispute, evidence from two independent experts (at the cost of the buyer) who both agree that the artwork is not authentic or if there is damage or undisclosed alterations that were not detailed in the lot listing when the work was offered for sale. The buyer must return to Ocula the allegedly damaged or unauthentic lot within 14 (fourteen) days of notifying Ocula of these issues. Should it be agreed by the seller, buyer and Ocula that the artwork be returned to the seller, or, if the matter requires independent experts to be involved and that the artwork is deemed by those two independent experts to be a forgery or is damaged or has undisclosed alterations, then the seller shall cover all costs of the buyer (including the costs of the independent experts if applicable) and Ocula including shipping and administrative costs. You agree Ocula has no liability or responsibility to either party in such matters other than to return the buyer's payment should the artwork be returned to the seller as described above. Receipt will be deemed to have occurred at the time of payment should the buyer request the artwork be stored by, or sent to a third party (including a request that Ocula store the artwork) and all rights of return expire after 14 days of such deemed receipt. Receipt will also be deemed to have occurred at the time of payment should there be any delay by the buyer in providing Ocula with an address for delivery. The Right of Return only applies though an online auction and not through a private sale.
    5. Should an artwork that has been sold subsequently be found to be a fake or forgery within a period of 24 months from the receipt of sale OR within the period of 12 months and it is proved to have had a deliberately disguised or undisclosed repair or that any supporting documentation provided at the time of sale was false or significantly in error as to fact, the seller will reimburse the buyer in full and the buyer shall return the artwork to the seller. Ocula has no liability in such circumstances to either party though may choose to disclose the buyer's and seller's contact details in order for the buyer and seller to resolve the matter as detailed.
    6. You may not bid on an auction that has been listed by a family member, friend or any member that is personally known to you, in order to raise the price of that auction.
  4. OCULA LISTING AND BUYING FEES
    1. Ocula charges Listing Fees for the use of the Website as a venue for selling artworks.
    2. The purchase price will be the sum of the winning bid price plus the buyer’s premium as stated on the Confirm Bid page, + any associated shipping and insurance charges, plus GST (if any).
    3. Ocula reserves the right to change the fees charged for any of our Services at any time.
    4. Ocula reserves the right to investigate queries regarding the refund of fees with bidders, other members, Internet Service Providers, and any other relevant party.
    5. You must pay the fees immediately upon demand by Ocula.
  5. OTHER
    1. Artworks will be listed in Australian or New Zealand dollars and will state GST if applicable. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
    2. The Reserve Price is the minimum price the Seller expects to sell the artwork for. However a Seller can choose to sell an artwork for less than the reserve. The buyer is legally obliged to pay the purchase price should they win the auction irrespective as to whether reserve has been met.
    3. 3. Ocula reserves the right to bid on an artwork on behalf of a bidder where requested to do so by that bidder where that bidder is not in a position to do so.
  6. 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.
  7. 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, bids 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.
      10. You agree to your username and the amount of your bid being publicly shown on the Ocula Website.
    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.
    6. Ocula may in its absolute discretion choose to refund any Listing Fee or Buyer’s Premium but shall have no obligation to do so.
  8. 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 may in its absolute discretion choose to refund any Listing Fee or Buyer’s Premium but shall have no obligation to do so.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.