Terms of use

Version 1.1, 3 April 2019
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United States

Using This Website Generally

Version 1.2: June 21, 2023

Art Money U.S., Inc.
148 Lafayette St, Floor 3
New York, NY 10013
artmoney.com
info@artmoney.com
+1 888 886 8725

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1.             Definitions and terminology

a.    The words “Art Money,” “we,” “us,”and “our” mean Art Money U.S., Inc.;

b.    The word “Website” means thewebsite and/or App owned and operated by Art Money, www.artmoney.com;

c.    The words “you,” “your,” “yours,”and “user” mean any person, entity, or organization that accesses the Website(including any hyperlink on the Website) for any reason whatsoever;

d.     The word “Art Gallery” or “Gallery” means any institutions that wepartner with that sell art to clients ;

e.     The word “Services” means the products and services that we offer toArt Galleries and individual users of the Website, including finance;

f.     The singular includes the pluraland vice versa;

g.    Headings are for convenience onlyand do not affect interpretation;

h.    A reference to a party to thisdocument includes that party's agents, service providers, successors andpermitted assigns;

i.     A reference to anything includesthe whole or any part of that thing and a reference to a group of things orpersons includes each thing or person in that group;

j.     a reference to legislation orstatutory instrument or a provision of any legislation or statutory instrumentincludes modifications or re-enactments of the legislation or statutoryinstrument, or any legislative or statutory provision substituted for, and alllegislation and statutory instruments and regulations, interpretive guidance,and statements that carry the force and effect of law issued under thelegislation or statutory instrument; and

k.    The words “include”, “including”,“for example”, or “such as” are not used as, nor is it to be interpreted as, aword of limitation, and when introducing an example, do not limit the meaningof the words to which the example relates to that example or examples of asimilar kind.

 

2.             Terms and Conditions / Privacy Policy / Acceptance / Amendment of Termsand Conditions / License

a. Please read these Website terms and conditions (“Terms and     Conditions”) carefully. In using the Website, you agree to be bound by these Terms and Conditions. We may need to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon the date the amended Terms and Conditions are posted to the Website. Your continued use of the Website following such amendment will represent an agreement by you to be bound by the amended Terms and     Conditions.

b. Please review the Art Money Privacy Policy for information about Art Money’s practices related to the collection, use, and disclosure of personal information. The Privacy Policy is incorporated herein by reference.

c. These Terms and Conditions apply to the general use of this Website by you. Despite any other provision in these Terms and Conditions to the contrary, unless otherwise expressly set forth in a separate written agreement between you and us, these Terms and Conditions are not intended to, nor do they, govern any contractual relationship between you and us relating to our Services.

d. Subject to these Terms and Conditions, Art Money grants you a personal, non-exclusive, non-transferable, limited, and revocable license to access and use the Website.

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3.             Access and Use of the Website

a. You must take your own precautions to ensure that the process and equipment which you use for accessing the Website do not expose you to the risk of viruses, malicious computer code, or other forms of interference  which may damage your own computer/system.  For the avoidance of doubt, we do not accept responsibility for any costs associated with maintaining the equipment that you use for accessing the Website nor for any interference or damage to your computer/system that arises from or in connection with your use of the Website or any linked website.

b. The Website is hosted on a server that is located in the cloud. This Website should not be accessed from any country where use of the Website is illegal or prohibited by laws which apply to the user.  We reserve the right to limit access to the Website to any user located outside of the country.

c. Access to the Website and/or any user or Art Gallery account may be terminated at any time by us without notice.

d. This Website is intended for use by persons who have reached the age of majority in their state of residence. The products and services offered through the Website are not available to persons who have not yet reached the age of majority in their state of residence.  

You accept sole responsibility for all of your activities using the Website. Your use of theWebsite is limited to its intended function. Misuse of the Website and ArtMoney’s systems, including but not limited to, unauthorized entry into ArtMoney’s systems, misuse of passwords, or misuse of any information posted onthe Website is strictly prohibited. You may not use the Website in a manner that:

a. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including     but not limited to rights of publicity or other proprietary rights);

b. is unlawful, fraudulent, or deceptive;

c. uses technology or other means to access content or systems of Art Money  in a manner that is not authorized by Art Money;

d. uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Art Money;

e. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the     functionality of any computer software, hardware, or telecommunications equipment;

f. attempts to gain unauthorized access to Art Money’s computer network or any user or Art Gallery account;

g. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

h. violates these Terms and Conditions;

i. attempts to damage, disable, overburden, or impair Art Money’s Website, servers or networks;

j. otherwise violates any terms or policies set forth by Art Money in its discretion; or

k. constitutes any other objectionable behavior as determined by Art Money in its discretion.

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4.             Intellectual Property

The Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on theWebsite (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trademarks, and service marks) are owned by ArtMoney or third parties; all right, title, and interest therein shall remain the property of Art Money and/or such third party owner, as applicable. All content is protected by copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view andretain a copy of the pages of the Website for your own use. You may view andmake copies of relevant documents, pages, images, or other materials on theWebsite for the purpose of transacting business with Art Money. You agree thatyou will not duplicate, publish, modify, create derivative works from,participate in the transfer of, post on the Internet, or in any way distributeor exploit the Website, or any portion of the Website, for any unintendedpublic or commercial use without the express written consent of Art Money.

Copyright in the Website (including text,graphics, logos, icons, sound recordings, and software) is owned by or licensedto us. Other than for the purposes of, and subject to the conditions prescribedunder United States copyright law, and except as expressly authorized by theseTerms and Conditions, you may not in any form or by any means:


a. adapt, reproduce, store, distribute, print, display, perform,     publish or create derivative works from any part of this Website; or

b. commercialize any information obtained from any part of the     Website, without our consent.

If you use any of our trademarks in reference to our activities, products, or services, you must include astatement attributing that trademark to us. You must not use any of our trademarks:

a. in or as the whole or part of your own trademarks;

b. in connection with activities, products, or services which are not ours;

c. in a manner which may be confusing, misleading, or deceptive; or


d. in a manner that disparages us or our information, products, or     services (including this Website).

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5.             Linked Websites

a. The Website may contain links to other websites. Those links are     provided for convenience only and may not remain current or be     maintained.  We are not responsible for the services, products,     content, or privacy practices associated with linked websites.

b. Our links with linked websites should not be construed as an     endorsement, approval, or recommendation by us of the owners or operators     of those linked websites (and vice versa), or of any information,     graphics, materials, services, or products referred to or contained on     those linked websites, unless and to the extent expressly stated to the     contrary in the Website.

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6.             NO WARRANTY

THE INFORMATION AND MATERIALS MAINTAINED ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS ARE PROVIDED“AS IS” OR “AS AVAILABLE.” ART MONEY DOES NOT WARRANT THE ACCURACY, ADEQUACY,OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED,EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OFNON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

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7.             LIMITATION OF LIABILITY

IN NO EVENT WILL ART MONEY BE LIABLE FORANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BYANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ORLINE OR SYSTEM FAILURE, EVEN IF ART MONEY OR OUR REPRESENTATIVES ARE ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

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8.             System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Website or communicating with Art Money through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Art Money’s, can experience unanticipated outages or slowdowns or have capacity limitations. For the avoidance of doubt, we do not accept responsibility for any system outages, slowdowns, or capacity limitations.

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9.             Protecting Your Devices and Account

Despite any precautions that we may take, there is no way to ensure the absolute security of the Internet or transmissions made over the Internet. Art Money makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices.You also acknowledge and agree that you are responsible for maintaining the confidentiality of your login and password. Art Money is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.  If you believe that your account has been compromised, you must notify Art Money immediately.  

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10.          Governing Law

These Terms and Conditions are governed by the laws in force in the United States.   In using this Website, you agree to submit to the exclusive jurisdiction of the United States DistrictCourt for the Southern District of New York or the courts of New York sitting in New York County, and any appellate court from any thereof, and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction. Any cause of action you may have with respect to the Website, the Terms andConditions, or any additional terms and policies must be commenced within one(1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

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11.          Severability

A provision of these Terms and Conditions that is illegal, invalid, or unenforceable in a jurisdiction is ineffective in that jurisdiction only to the extent of the illegality, invalidity, or unenforceability.  This does not affect the legality, validity, or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

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12.          Interpretation

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms and Conditions or any part of it.

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13.          Contact Information

Art Money U.S., Inc.
148 Lafayette St,  Floor 3
New York, NY 10013
artmoney.com
info@artmoney.com
+1 888 886 8725

Download
Download
New Zealand

Version 1.0: 6 November 2015

General Terms of Use

Art Money New Zealand Limited
NZBN 9429042003243
PO Box 106-634, Auckland City 1143, New Zealand
Tel 0800 004 682

1. Definitions and terminology

1.1 In these terms and conditions:

  1. a reference to "we", "us" and "our" (or any similar expression) is a reference to Art Money New Zealand Limited.
  2. a reference to “you” or “your” or “user” (or any similar expression) is a reference to any person that accesses this website (including any hyperlink on this website) for any reason whatsoever;
  3. the singular includes the plural and vice versa;
  4. headings are for convenience only and do not affect interpretation;
  5. other grammatical forms of defined words or expressions have corresponding meanings;
  6. a reference to a party to this document includes that party's successors and permitted assigns;
  7. a reference to a user, party or person includes an individual, company, legal entity or body of persons and words implying natural persons include partnerships, bodies corporate and associations;
  8. a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;
  9. a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;
  10. a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and
  11. the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
2. Acceptance / amendment of terms and conditions
  1. In using this website, you agree to be bound by these terms and conditions. We may need to amend these terms and conditions from time to time. Amendments will be effective immediately upon update on this website. Your continued use of the website following such amendment will represent an agreement by you to be bound by the terms and conditions, as amended from time to time.
  2. These website terms and conditions apply to the general use of this website by you. Despite any other provision in these terms and conditions to the contrary these terms and conditions are not intended to, nor do they, govern the contractual relationship between:
  3. Art Money and a customer that has or proposes to obtain a loan from Art Money in order to purchase art being sold by a participating Art Gallery; or
  4. Art Money and a participating Art Gallery in relation to these arrangements.
  5. For a customer that has or proposes to obtain a loan from Art Money in order to purchase art being sold by a participating Art Gallery, only the terms and conditions of the credit contract with Art Money are made available to the Customer via this website. Art Galleries seeking to participate in the Art Money program will be provided with a copy of the proposed terms by Art Money at an appropriate time as part of their application process.
3. Accessing this website
  1. You must take your own precautions to ensure that the process and equipment which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer / system.  For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer / system that arises from or in connection with your use of this website or any linked website.
  2. This website is hosted on a server that is located in New South Wales, Australia.  We do not represent that we are permitted to provide the services that are provided on this website in any jurisdiction other than the jurisdiction you are located in, from which this website may be viewed.  You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply to you.
  3. Access to this website may be terminated at any time by us without notice.
4. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and the Copyright Act 1994 (NZ) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. commercialise any information obtained from any part of this website, without our consent.
5. Trade marks
  1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
  2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
  3. in or as the whole or part of your own trademarks;
  4. in connection with activities, products or services which are not ours;
  5. in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).
6. Linked websites
  1. This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.
  2. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites (and vice versa), or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stated to the contrary in this website.
7. Governing law

These terms and conditions are governed by the laws in force in New Zealand. In using this site, you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

8. Severability

A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability.  This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

9. Interpretation

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these terms and conditions or any part of it.

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Australia

Version 1.1: 3 April 2019

General Terms of Use

Art Money Pty Ltd
ABN 65 168 905 388
Australian Credit License 470221
20 Meagher Street
Chippendale, NSW 2008
Tel 1300 31 66 11
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1. Definitions and terminology

1.1 In these terms and conditions:

  1. a reference to "we", "us" and "our" (or any cognate expression) is a reference to Art Money Pty Ltd (ABN 65 168 905 388).
  2. a reference to “you” or “your” or “user” (or any cognate expression) is a reference to any person that accesses this website (including any hyperlink on this website) for any reason whatsoever;
  3. the singular includes the plural and vice versa;
  4. headings are for convenience only and do not affect interpretation;
  5. other grammatical forms of defined words or expressions have corresponding meanings;
  6. a reference to a party to this document includes that party's successors and permitted assigns;
  7. a reference to a user, party or person includes an individual, company, legal entity or body of persons and words implying natural persons include partnerships, bodies corporate and associations;
  8. a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;
  9. a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;
  10. a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and
  11. an expression not otherwise defined in this document has the same meaning as in the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and
  12. the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
2. Acceptance / amendment of terms and conditions
  1. In using this website, you agree to be bound by these terms and conditions. We may need to amend these terms and conditions from time to time. Amendments will be effective immediately upon update on this website. Your continued use of the website following such amendment will represent an agreement by you to be bound by the terms and conditions, as amended from time to time.
  2. These website terms and conditions apply to the general use of this website by you. Despite any other provision in these terms and conditions to the contrary these terms and conditions are not intended to, nor do they, govern the contractual relationship between:
  3. Art Money and a customer that has or proposes to obtain a loan from Art Money in order to purchase art being sold by a participating Art Gallery; or
  4. Art Money and a participating Art Gallery in relation to these arrangements.
  5. For a customer that has or proposes to obtain a loan from Art Money in order to purchase art being sold by a participating Art Gallery, the terms and conditions of the credit contract with Art Money are made available to the Customer via this website. Art Galleries seeking to participate in the Art Money program will be provided with a copy of the proposed terms by Art Money at an appropriate time as part of their application process.
3. Accessing this website
  1. You must take your own precautions to ensure that the process and equipment which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer / system.  For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer / system that arises from or in connection with your use of this website or any linked website.
  2. This website is hosted on a server that is located in New South Wales, Australia.  We do not represent that we are permitted to provide the services that are provided on this website in any jurisdiction other than New South Wales and the Commonwealth of Australia from which this website may be viewed.  You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply to you.
  3. Access to this website may be terminated at any time by us without notice.
4. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:


  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. commercialise any information obtained from any part of this website, without our consent.
5. Trade marks
  1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
  2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
  3. in or as the whole or part of your own trademarks;
  4. in connection with activities, products or services which are not ours;
  5. in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).
6. Linked websites
  1. This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.
  2. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites (and vice versa), or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stated to the contrary in this website.
7. Governing law

These terms and conditions are governed by the laws in force in New South Wales, Australia.   In using this site, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia (and any court of appeal) and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

8. Severability

A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability.  This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

9. Interpretation

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these terms and conditions or any part of it.

10. To return to the website

To return to the website, click where indicated below.

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