FasterLouder's Paint Like No One's Watching

The following terms and conditions govern the Service that we offer at the Site (“Users Agreement”). It covers online auction sales. Please read these terms and conditions carefully.  When you make a bid on any item, you are deemed to have accepted, and will be bound by the Users Agreement, as amended and varied by us from time to time.

1. GENERAL 

1.1 Terms and conditions 

1. Capitalised terms used throughout the Users Agreement have the meaning given to them in clause 13.
2. The terms and conditions contained in the Users Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we intend to act reasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please log a support request at support@fasterlouder.com.au
3. We may amend the Users Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this Users Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Users Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
4. Please note that additional conditions governing the Service and your relationship with us are contained in other FasterLouder website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the Users Agreement.

1.2 Use of the service

1. The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
2. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.  

1.3 Obligation to maintain system integrity

1. You may not take any action that might interfere with the operation of the Service.
2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site.
3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
5. You are solely responsible for your transmissions through the Service. You must:
   (i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service; 
   (ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication; 
   (iii) not interfere with or disrupt networks connected to the Service; 
   (iv) not use the Service for illegal purposes; 
   (v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site. 
6. We reserve the right to determine whether or not your conduct is consistent with the Users Agreement and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Users Agreement or our standards of practice. However, in exercising our rights, we intend to act reasonably. 
    

2. REGISTRATION

2.1 Registering for use

1. You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige to you purchase anything. 
2. You must not use false or misleading information when registering or using the Service. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
3. When you register for the Service, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
4. We intend to send notifications to you by e-mail in the event that you are a Winning Bidder on any item, however, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
5. We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
6. In order to be eligible to purchase goods using the Service, you must provide details of an acceptable credit card sufficient to make online payments.

2.2 Your information

1. “Your information” includes any information you provide us at any time, including when you register to use the Service to bid online or buy products.
2. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will act reasonably.
3. You must ensure that Your Information,
   (i) is true, accurate and complete; 
   (ii) is not false or misleading;
   (iii) does not infringe any other person’s rights (for example intellectual property rights) or privacy;
   (iv) is not contrary to any applicable law or industry code of practice;
   (v) is not defamatory, threatening or harassing;
   (vi) is not obscene or pornographic; or
   (vii) does not contain any viruses or other computer programming instructions that may damage, detrimentally interfere with any system, data or personal information.
4. You must not do or allow to be done anything involving the Service which:
   (i) may be contrary to any applicable law or industry code of practice, or
   (ii) is prohibited by the Users Agreement.

3. YOUR RIGHTS AND OBLIGATIONS

3.1 Online Auctions - Your obligations as bidder

1. When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay.
2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
3. It is your responsibility to read the all information relating to the item. FasterLouder will endeavour to provide accurate descriptions to fairly reflect each item listed for sale in the auction.
4. Please make sure you understand the delivery and payment terms.

3.2 Your obligation to pay – Online Auctions

1. If you are the Winning Bidder in an online, you must pay:
   (i) the Winners Bid Amount; and
   (ii)   any delivery fees due to us either by:
   authorised credit card deduction (charge), immediately; or by way of direct deposit (telegraphic transfer) whereby immediately cleared funds are deposited into the bank account nominated by us within 2 working days of closure of online auction. 
2. If we find that the amount of credit available on your credit card is insufficient to cover the Invoice Amount, you will be required to pay by direct deposit and email a receipt of payment to support@fasterlouder.com.au
3. If you:
   (i) refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
   (ii) do not comply with the terms and conditions of the Users Agreement
   we may  resell the item in any manner and on such conditions as we see fit and/or charge you a cancellation fee of $100.00 to cover cost of administration
4. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
   (i) there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
   (ii) you don’t pay the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner’s Bid Amount; or
   (iii   we are unable to contact you for any reason.

4. THE ONLINE AUCTION PROCESS 

4.1 Procedure

1. An online auction will start at the specified time and at the nominated minimum starting price. 
2. Bids will be ranked in the following order of precedence,
   (i) bid price,
   (ii) initial bid time.
   If two or more bids are for the same bid price, the time the bidder placed their first bid on the item takes precedence.

4.2 Conclusion of online auction

1. The auction closes at the time nominated in the description of the item.
2. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include,
   (i) notification that you are the Winning Bidder and of the amount of your winning bid; and 
   (ii) the item description. 
3. We provide this notice out of courtesy and as a reminder to you.  You may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.  
4. When you place the winning bid at an online auction, we may charge the cost of your purchase and the cost of the applicable delivery fee
5. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item. 
6. You acknowledge that:
   (i) unless otherwise stated all prices are quoted in Australian dollars;
   (ii) you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.

4.3 Processing and technological errors

If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:

1. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
2. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; or
3. cancel that entire online auction transaction and conduct the auction again.

4.4 Time - online auctions

When bidding on FasterLouder online auctions the time is always Australian Eastern Standard Time (AEST or AEDT as applicable).

5. RETURNS 

5.1 Return of goods – Online Auctions

1. Generally goods bought at auction may not be returned to us if you change your mind.
2. Goods will only be returned if we are responsible for delivery and they are damaged in transit
3. If you wish to return an item, you must email support@fasterlouder.com.au with the full details of your purchase and the reason for return of the item within 30 days of the delivery.
4. Goods must be returned in their original packaging.
5. If, when we receive a returned item, we determine that the item is damaged as described, we will, within 21 days, refund your credit card for the Invoice Amount , or issue you with a cheque for the original Invoice Amount. 

6. OUR RIGHTS 

6.1 Suspension from use of service

1. We may refuse you the right to use the Service if you:
   (i) do not pay for the item and/or refuse delivery of the item; 
   (ii) give information which is untrue, inaccurate or incomplete; or
   (iii) have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service.
2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Users Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.  
3. If we suspend your access to the Service, you may not register again. 

6.2 False or Misleading Conduct 

1. It is illegal to use a false name to buy Products with an invalid or stolen credit card or make bids, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.

6.3 Our rights upon breach by you

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the FasterLouder site) if you breach the Users Agreement or if we are unable to verify or authenticate any information you provide to us.

7. LIABILITY AND INDEMNITIES

7.1 Our liability to you

1. In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties.
2. We provide the Site and the Service without any express or implied warranty or condition concerning the Site’s capacity. 
3. Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any good.
4. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance. 
   You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and bids placed at online auctions may not be processed or accepted.
5. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site. 
6. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

7.2 Limitation of our liability to you

1. In relation to the items sold in an online auction, we will endeavour to:
   (i) provide accurate descriptions to fairly reflect each item;
   (ii) pass clear title to the items to you; and
   (iii) ensure that each item listed on the Site is available.
2. To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
3. We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law to making a full refund to you

7.3 Indemnities

1. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service. 
2. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the FasterLouder indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the FasterLouder indemnified parties arising out of or in connection with the performance of their obligations as described in the Users Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis. 
3. You further agree to indemnify and hold us, and the FasterLouder indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the Users Agreement by you, or 
4. the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity. 

8. DELIVERY, INSURANCE AND RISK 

8.1 Delivery

1. We may withhold delivery of any item until you have paid everything owing to us.
2. Delivery of goods assumes ground floor front door delivery.

8.2 Risk and title

1. If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:
   (i) when it is delivered; or
   (ii) if we are unable to deliver the item 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 item.
2. All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not,
   (i) contact any carrier we use directly and authorise them to deliver the items to another address,
   (ii) arrange for collection from the carrier directly.
   If you contravene this clause you will waive any right you may have had to personal delivery, and you will be deemed to have accepted all responsibility for any loss of or damage caused to the items, and you release us from any liability for any loss or damage caused as a result.
3. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds.
4. If the item is withheld by us in accordance with the Users Agreement, risk in the item will pass to you at such time as you would have been able to accept delivery of the item had we not been holding it.
5. You cannot change or request to change your delivery address details. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.

9. PRIVACY

1. Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site agree to with the policy when using this Site. 
2. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.
3. By registering with the Service and accepting the Users Agreement, you also consent to:
   (i) Collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.
   (ii) Use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site. 
   (iii) We may disclose your information in the circumstances specified in the Privacy Statement.

10. GOVERNING LAW

This Users Agreement is governed by and will be construed according to the law of New South Wales. FasterLouder and you are subject to the jurisdiction of the courts of New South Wales.

11. GST

Where applicable, all items are inclusive of GST.

12. DEFINITIONS AND INTERPRETATION

1. Invoice Amount means the purchase price together with any other applicable charges, for example delivery charges.
2. Privacy Statement means that statement available here: http://www.fasterlouder.com.au/policy
3. Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
4. Service means the Paint Like No One’s Watching art online auction governed by the Users Agreement  and any other conditions contained on the Site.
5. Site means the FasterLouder website.
6. Users Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
7. us/we means FasterLouder, Pty Limited ABN 63 108 083 192 of 5/113 Reservoir St, Surry Hills NSW 2010.
8. Winners Bid Amount means:
   (i) the amount of the highest bid,
   (ii) where two or more bids are for the same price, the bid that was placed first.
9. Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules.