This is version 8 of our User Agreement, which took effect at on 29th June 2021.
Welcome to Clhub.art!
If you do not understand any of the terms of the User Agreement, please contact us before using our Services.
- All definitions are referring to activities on clhub.art and clhubs.com in the area of purchases of artworks and auction of artworks.
- Bidder refers to a Person who has Registered an account with Clhub.art but is not a Seller, regardless of their activity or inactivity on the Site. A User does not need to have made a bid on the Site in order to be classed as a Bidder.
- Buyer refers to a User who has made the highest bid at the end of an auction or a User who exercises the Buy Now Option.
- The Buy Now Option allows a Buyer to purchase an Item immediately at a fixed price (subject to any Seller’s Terms) set by the Seller.
- Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, actual, consequential, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this User Agreement or otherwise (and including, but not limited to, legal costs).
- Indemnified Parties means Clhub.art, including our affiliates and related bodies corporate, as well as our and their respective officers, directors, employees and agents.
- Intellectual Property means any intellectual or industrial property including:
- all copyright and rights in the nature of copyright, design rights, patents, trademarks, data base rights, applications for any of the foregoing, rights in trade names, business names, brand names, rights in circuit layouts, plant breeder's rights, inventions, product names get-up, logo, Moral Rights, rights in know-how, domain names and URLs, database rights, publication rights, confidential information, trade secrets or any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in Australia or any other part of the world having equivalent or similar effect to any of the foregoing;
- any licence or other right to use or to grant the use of or to be the registered owner or user of any of them.
- Intellectual Property Rights means all present and future Intellectual Property and industrial property rights conferred by statute, at common law or in equity and wherever existing, including but not limited to:
- any application or right to apply for registration of any of these rights;
- any registration of any of those rights or any registration of any application referred to in paragraph (i); and
- all renewals and extensions of these rights.
- Item means a good or service offered by the Seller pursuant to this User Agreement and, for the avoidance of doubt, includes a Donated Item (defined below).
- Moral Rights means rights of integrity, rights of attribution and other rights of an analogous nature which may now exist, or which may exist in the future, in respect of the works under the Copyright Act 1968 (Cth) or under the law of a country other than Australia.
- Person/s means a person or a legal entity.
- Our Pricing and Features Page is not online yet, our members are not yet paying a subscription fee.
- To Register or be Registered means creating or having a username and password for an account for use on the Site, such account being created either manually through entering details into a registration form on the Site, or automatically by connecting via a Third Party Service, and Registration or Registering means the process of doing so.
- A Seller is a User who is Registered and lists an Item on the Site or proposes to list an Item on the Site.
- Seller’s Charges means any premiums, commissions, fees (including, for the avoidance of doubt, delivery fees referred to in clause 4(h) of this User Agreement), royalties or other charges applicable to the sale of an Item which are specified in the Seller’s Terms.
- Seller’s Terms means additional terms and conditions posted by the Seller on the respective auction page (accessible by clicking the “All items” link when viewing an individual Item) or donation page, and any other conditions of sale included in the Item’s description, as determined by the Seller, including, for the avoidance of doubt, any Seller’s Charges.
- Simple Auction means an auction carried out online through the Site for a specified period of time as set by the Seller. At the conclusion of the auction, the Bidder who placed the highest bid, subject to the Seller’s Terms and this User Agreement, immediately becomes the Buyer.
- Two-Phase Auction means an auction split into two phases:
- Phase One of the auction is carried out online through the Site for a specified period of time as set by the Seller. At the conclusion of Phase One, the highest bid immediately becomes the opening bid of Phase Two.
- Phase Two of the auction is carried out offline in accordance with clause 17(c), with bids being recorded manually without using the Site. At the conclusion of Phase Two, the highest bid overall is determined and a contract between Buyer and Seller is formed. Typically, Phase Two will occur shortly after the conclusion of Phase One, and will take place in a single location with bidders being physically present, although none of these are conditions for an auction to be considered a Two-Phase Auction.
- As of now there i no Two-Phase Auction available on the sit
- User refers to a Person accessing the Site for any reason, including, but not limited to, those who have Registered, those who have not Registered, Item Donors, Donors, Recipients and, for the purposes of this User Agreement, will include a reference to you. For the avoidance of doubt, a User does not include Clhub.art. If a word or phrase is defined, its other grammatical forms have corresponding meanings.
- Please check this User Agreement periodically as we reserve the right to change the terms of this User Agreement (or any part of this User Agreement) at any time.
- Any amendments to this User Agreement (or any part of this User Agreement) are automatically effective from the date on which they are posted on the Site.
- In the event of a change to this User Agreement (or any part of this User Agreement), a User’s continued use of our Services following the posting of any changes constitutes acceptance of such changes.
- Clhub.art is a platform through which Bidders, Buyers, Sellers and other Users connect for the purpose of browsing, bidding on, buying and selling Items, as well as making Donations, in an online auction format. We do not act as a traditional auctioneer and do not perform the role of a traditional auctioneer, but simply provide the technological infrastructure through which Users can connect and transact with each other. The Seller, and not Clhub.art, is the “auctioneer”.
- Additionally, Clhub.art is not a seller. We have no information to verify or contradict the information or content posted by Users (including, but not limited to, information or content regarding Items or Recipients), or any information as to any Bidder’s or Donor’s needs. If you believe another User has done something misleading or improper, please contact us at email@example.com.
- Clhub.art is involved in transactions among Users. In particular, the payment from the buyer is transferred on clhub.art stripe account and then transferred to the Seller.
- Clhub.art makes no representation, does not warrant, and has no control whatsoever over:
- the quality, safety, fitness for purpose or legality of the Items or content posted by Users;
- the truth or accuracy of Item listings and/or User’s content;
- the ability of Sellers to sell Items or the ability of Buyers to buy Items;
- the ability of Buyer’s to pay for Items; or
- the ability of a Bidder, Buyer or Seller to actually complete a transaction, return an Item or act lawfully when using our Site.
- Clhub.art does not take ownership of or title in Items or Donations at any time, and does not transfer in part or whole any legal ownership of Items from Seller to Buyer (or from Donor / Item Donor to Seller or from Seller to Recipient). Clhub.art does not have any control whatsoever over when title and risk in an Item or a Donation will pass from the Seller to the Buyer or from Seller to Recipient.
- Clhub.art does not act as the agent or representative of a User for any purpose in relation to this User Agreement or the Services.
- Clhub.art is neither involved in nor responsible for the delivery of an Item. The method of, and any charges for, delivery of an Item is determined by the Seller. The Seller may post instructions on the Site regarding delivery or collection of an Item, and such instructions may be contained within automated emails sent by the Site on behalf of the Seller. However, Clhub.art is not responsible for the content of these instructions and in the event of any difficulty in receiving an Item, the Buyer’s sole recourse is to seek redress from the Seller.