This Site is operated and owned by Anh Do Pty Ltd ACN 100 334 165 as trustee trading as Saltwater Art (“Anh Do Art”). Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

1.Definitions

In these Terms and Conditions the following words and phrases shall have the following meanings, unless the context otherwise requires:

(a)“Anh Do Art” means Anh Do Pty Ltd ACN 100 334 165 as trustee trading as Saltwater Art;

(b)“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, business and domain names and other results of intellectual activity related to or connected with the Site or the Products;

(c)“Moral Rights” means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed, and rights of a similar nature that exist, or may come to exist, anywhere in the world in all Products;

(d)“Order” means an order for a Product from us;

(e)“Product” means any items available for purchase from the Site;

(f)“Site” means anhdoart.com and all parts and pages of it;

(g)“Us” means Anh Do Art and ‘we’ or ‘our’ shall be interpreted accordingly;

(h)“you” means the person or entity that accesses the Site and ‘your’ shall be interpreted accordingly.

2.Access

(a)Your use of this Site is by non-exclusive licence granted by Anh Do Art strictly in accordance with these Terms and Conditions.

(b)You acknowledge and agree with Anh Do Art that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.

(c)The Site is available only to, and may only be used by, individuals who can form legally binding contracts under the applicable law. If you do not qualify, please do not use our services.

(d)In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:

(i)the provision of any such connection or access to the World Wide Web;

(ii)the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and

(iii)the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.

3.Ordering a Product

(a)An Order can be made by any means specified by us through the Site.

(b)Anh Do Art reserves the right to reject or amend any Order made by you in its absolute discretion for any reason, including in the event of unavailability. Receipt of any Order by Anh Do Art is not effective until it is confirmed and accepted in writing by way of email, by Anh Do Art to you. Upon transmission of that email a contract is formed between us and subject to payment by you of the invoiced amount, we are obliged to provide the Product to you in accordance with these Terms and Conditions.

(c)Anh Do Art’s employees or agents are not authorised to make any representations concerning the Products unless such representations are confirmed by Anh Do Art in writing. You shall at all times not rely on any representations by Anh Do Art’s employees or agents unless such representations have been confirmed in writing by Anh Do Art.

4.Pricing and Payment

(a)You must pay for the Product in full at the time you place an Order. All shipping costs will will be payable by you in addition to the purchase price stated on the Website at the time you place an Order or otherwise at the time notified by us. You will also be required to pay any duties or taxes which attach to the supply and delivery of the Product, including but not limited to custom duties.

(b)Products may be sent direct to you from Australia or any other country we designate. Payment for the Products including shipping shall be made by the method designated by the Site.

5.Delivery, Risk and Refunds

(a)Whilst we attempt to deliver all Products within 4 weeks of an Order date, any delivery date specified by Anh Do Art for delivery of the Products is approximate only, and Anh Do Art shall not be liable for any delay in the delivery of the Products. Time for delivery shall not be of the essence to the contract unless previously agreed by Anh Do Art in writing. The Products may be delivered in advance of the delivery date specified.

(b)If you fail to take delivery of the Products or fail to give Anh Do Art adequate delivery instructions at the time or the Order, without prejudice to any other right or remedy available to Anh Do Art, Anh Do Art may:

(i)store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

(ii)sell the Products at the best price readily obtainable and charge you for any shortfall below the price meant to be paid by you and the costs of sale.

(c)The risk in the Product will pass to you:

(i)when it is delivered; or

(ii)if we are unable to deliver the Product to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the Product.

(d)Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Terms, the property in the Products shall not pass to you until Anh Do Art has received payment in full for the Products and all other Products agreed to be sold by Anh Do Art to you for which payment is due.

(e)Until such time as the property in the Products passes to you, Anh Do Art shall be entitled at any time to require you to deliver up the Products to Anh Do Art within 1 business day of being requested to do so and, if you fail to do so, Anh Do Art shall enter any premises of you or any third party where the Products are stored and repossess the Products.

(f)To the extent permitted by law, we will only give you a refund in the circumstances set out herein. If within 14 days of the delivery of the Product you wish to return it, you must notify us of this in writing and arrange for the Product to be returned back to us within that 14 day period (or such other period agreed to by us) at your cost. You must return the Product using a trackable or signed-for-delivery mailing service. On receipt of the Product, provided it is in the same condition as it was in at the date of initial delivery to you (as determined by us), we will provide you with a refund for the Product (excluding all delivery costs). You acknowledge and agree that this is fair and reasonable given the nature of the Products.

6.Intellectual Property Rights & Moral Rights

(a)The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) and the Products are protected by Intellectual Property Rights. You acknowledge that Anh Do Art is the owner of these rights, with our affiliates or other third party licensors.

(b)All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Anh Do Art.

(c)You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights or Moral Rights in the Content or the Products is transferred or granted to you, other than the rights granted expressly by these Terms and Conditions.

(d)You acknowledge that Anh Do Art, as the artist which created the Products or otherwise has the permission to sell the Products on behalf of the relevant artist (“Artist”), and Anh Do Art or the Artist as the case may be retains all Moral Rights in the Products.

(e)You acknowledge and agree that you will not:

(i)do any act that infringes Anh Do Art’s or the Artist’s copyright or Moral Rights in the Products;

(ii)represent that the Products were created by anyone other than Anh Do Art or the Artist;

(iii)attempt to copy or recreate the Products in any way; or

(iv)directly or indirectly resell or attempt to resell the Products.

(f)In the event you breach your obligations under this clause 6, you acknowledge and agree:

(i)the payment of damages will not be a sufficient remedy to compensate us for your breach;

(ii)we, or the Artist, may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and

(iii)we, or the Artist, may contact the operator of any internet website on which the Products are being offered for sale or on which an image of the Products has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.

7.Warranties

(a)Except as expressly stated on the Site, Anh Do Art does not warrant that:

(i)the Site will provide any function for which it is not specifically designed;

(ii)the Site will provide any minimum level of performance;

(iii)the Site will be virus free or free of performance anomalies or be operational without interruption;

(iv)the Products are fit for any purpose;

(v)the market value or appreciation in value of the Products.

(b)You warrant to us that at the time of entering the Site, you were not relying on any representation made by us except as expressly set out on the Site.

8.Disclaimer and Limitation of Liability

(a)To the extent permitted by law, the Site and the Products are provided by Anh Do Art on an “as is” basis without any express or implied warranty of any kind.

(b)The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

(c)Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Anh Do Art, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Anh Do Art, to the replacement or repair of the Products, the supply of equivalent Products, or the payment of the costs of replacing or repairing the Products or acquiring equivalent Products.

(d)You release Anh Do Art and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for indirect, special, punitive or consequential losses or damages arising out of the Site or purchase of the Products.

9.System Integrity & User Conduct

(a)You must not use the Site to:

(i)download and store electronically, reproduce, transmit, display, copy, distribute or use any materials contained in the Site;

(ii)upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;

(iii)falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;

(iv)interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(v)attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;

(vi)collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or

(vii)breach any privacy or other legislation.

(b)You acknowledge and agree that you must not affix or otherwise display your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Anh Do Art.

10.Links & Advertising

(a)This Site may contain links to third party websites. Those websites are not under the control of Anh Do Art and Anh Do Art is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.

(b)Neither Anh Do Art nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.

(c)The Site may contain advertisements for third parties’ Products and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Anh Do Art nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the Products or services that may be advertised on the Site, nor do they offer the Products or services for sale or make any other representation whatsoever about them. If you choose to Order a product or service advertised by a third party on the Site, you do so at your own risk.

(d)you must not link the Site from any other website not owned or operated by Anh Do Art without prior written consent from Anh Do Art.

11.Breach and Termination

(a)Anh Do Art reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Anh Do Art believes, in its sole discretion:

(i)violates any term or provision of these Terms and Conditions; or

(ii)violates the rights of Anh Do Art or any third party; or

(iii)is otherwise inappropriate for continued access and use of the Site.

(b)Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

12.General

(a)Publication of email addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

(b)Anh Do Art may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

(c)Anh Do Art shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Anh Do Art, including any form of technological failure or the actions of third parties.

(d)These Terms and Conditions constitute the entire agreement between you and Anh Do Art with respect to this Site and the sale of the Products, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site and Products.

(e)No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.

(f)If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

(g)The failure by Anh Do Art to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Anh Do Art in respect of any existing or subsequent breach of these Terms and Conditions.

(h)No waiver by a party of a provision of this Agreement is binding unless made in writing.

(i)The laws of Victoria govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of Victoria for any cause of action relating to or arising under these Terms and Conditions.

(j)Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.

(k)This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

(l)The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.

(m)The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.

(n)The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.