1. About these terms
Artwork Bank (accessible at i-art.com.au and its subdomains, the “Platform”) is an online marketplace operated by I-FRAMER Pty Ltd (“we”, “us”, “our”) that allows galleries, framers, and artists (“Sellers”) to list and sell original artwork to buyers (“Buyers”). By using the Platform you agree to these Terms of Service. If you do not agree, do not use the Platform.
2. The marketplace
Artwork Bank is a venue. Each artwork listed on the Platform is offered and sold by the Seller identified on the listing — not by us. The contract of sale for any artwork is between the Buyer and the Seller. We are not a party to that contract and do not take ownership of any artwork at any time.
3. Accounts
- You must provide accurate information when registering and keep your login credentials secure. You are responsible for all activity that occurs under your account.
- Seller accounts may invite staff members; the account owner is responsible for the actions of invited staff.
- We may suspend or terminate accounts that breach these terms, provide false information, or use the Platform unlawfully.
4. Payments
- Payments are processed by Stripe. By purchasing or selling on the Platform you also agree to Stripe’s applicable terms, including the Stripe Connected Account Agreement for Sellers.
- All prices are listed in Australian dollars (AUD) unless stated otherwise.
- We charge Sellers a platform commission on each sale, deducted automatically at the time of payment. The current commission rate is shown to Sellers during onboarding and in their settings.
- Sellers may also pay a recurring subscription fee for use of the Platform, billed via Stripe.
5. Seller obligations
- Sellers must have the legal right to sell every artwork they list, and listings must be accurate — including price, description, condition, and images.
- Sellers are responsible for fulfilling orders, including packing, shipping, insurance in transit, and complying with Australian Consumer Law obligations to Buyers.
- Sellers are responsible for their own tax obligations, including GST where applicable.
6. Buyers, refunds and returns
- Because each sale is a contract between the Buyer and the Seller, refund and return requests are handled by the Seller in the first instance.
- Nothing in these terms limits any rights a Buyer has under the Australian Consumer Law, including consumer guarantees that cannot be excluded.
- Where a refund is issued through the Platform, it is processed back to the original payment method via Stripe.
7. Content and intellectual property
- Sellers retain all rights in the artwork and images they upload, and grant us a non-exclusive licence to display that content on the Platform for the purpose of operating the marketplace.
- You must not upload content that infringes another person’s rights, is unlawful, or is misleading.
- The Platform itself — including its software, design, and branding — is owned by us or our licensors.
8. Custom domains and subdomains
Sellers receive a storefront on a Platform subdomain and may connect their own custom domain. Sellers are responsible for their domain registrations and DNS configuration. We may reclaim subdomains that are inactive, misleading, or breach these terms.
9. Acceptable use
You must not misuse the Platform — including attempting to gain unauthorised access, interfering with its operation, scraping data at scale, or using it to send spam or engage in fraudulent transactions.
10. Liability
To the maximum extent permitted by law, we exclude all implied conditions and warranties, and our total liability arising out of or in connection with the Platform is limited to the commissions we received on the transaction giving rise to the claim. Nothing in these terms excludes rights that cannot be excluded under the Australian Consumer Law.
11. Changes
We may update these terms from time to time. Material changes will be notified on the Platform or by email. Continued use after a change takes effect constitutes acceptance of the updated terms.
12. Governing law
These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.
13. Contact
Questions about these terms can be sent to us via the contact details published on the Platform.