Website Terms of Use
This website is owned and operated by Sophie Moshakis (ABN 31 623 228 021).
By accessing, viewing or using this website you agree to the terms of use below (Terms). You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we', 'our' and ‘Sophie Moshakis’ are used to refer to Sophie Moshakis (ABN 31 623 228 021).
These Terms were last updated on 25 July 2024. We may update these Terms from time to time and will post any revised terms on this web page.
1. Collection notice
We collect personal information about you when you access, view or use the content, material or services on or through this website, in order to respond to your enquiries, activate your request to subscribe to our database to receive news about Sophie Moshakis and to provide you with other services that we provide.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms.
2. Additional terms and conditions
For certain services or activities relating to Sophie Moshakis additional terms and conditions may apply. For example, your engagement of Sophie Moshakis for art consultancy services is subject to the terms of our Consulting Services Agreement. Also, if you access information about Sophie Moshakis on a social media platform, you need to agree to the relevant terms and conditions of that platform. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
4. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law), we make no warranty regarding the information on this website. You should not rely upon the content of any such information as a basis for making any decisions about the purchase of an artwork or otherwise. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your internet or computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including these Terms) or the information or services presented or described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
5. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6. Artist intellectual property rights
Sophie Moshakis respects the intellectual property rights held by artists, their estates, and other rights holders. Accordingly, reproduction or redistribution of all or a portion of all artworks accessible, viewable or made otherwise available on this website is strictly prohibited without the express prior written permission of Sophie Moshakis and, as applicable, the corresponding artist or their estates or other rights holders.
7. Our intellectual property rights
Unless otherwise indicated in these Terms or otherwise, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all logos, text, images, graphics, video, audio, software and artworks) on this website (Content).
Your use of this website and any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content in accordance with these Terms and, where applicable, as expressly authorised in writing by us.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part thereof is prohibited, except to the extent permitted by law.
8. Indigenous Cultural and Intellectual Property Rights (ICIP)
Sophie Moshakis respects the Indigenous Cultural and Intellectual Property Rights (ICIP) held by First Nations peoples. You acknowledge that ownership of any ICIP on this website remains with the traditional owners or custodians of the ICIP.
9. No use without permission
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content on this website.
Unless expressly authorised in writing by us, or to the extent permitted by law, including the Copyright Act 1968 (Cth) (Copyright Act), you may not use this website, or any of its Content to further any commercial or non-commercial purpose, including any advertising or advertising revenue generation activity on your own website or any use, copying or publishing of the Content on a social media platform.
10. No Text or Data Mining, or Web Scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, this website. This includes using (or permitting, authorising or attempting the use of):
Any crawler, scraper, script, browser extension, offline reader, robot, bot, spider, or other automated means device, program, tool, algorithm, code, process, interface or methodology not authorised by us to access the Site, extract data, interfere with, modify the rendering of this website’s pages, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall apply to the maximum extent permissible under applicable law.
11. No offer or contract
No artwork, images, photographs, documentation or other materials or information contained on this website shall constitute an offer of art consulting services to you, and does not constitute, nor give rise to, a contract between us with respect to the provision of art consulting services by Sophie Moshakis. While we welcome any enquiries, the appearance of any artwork on our website does not constitute a representation or promise that Sophie Moshakis will be available for art consulting services at any given time, and your making of an inquiry about the provision of art consulting services by Sophie Moshakis does not constitute an offer of providing art consulting services to you, nor does it give rise to a contract between us with respect to the provision of art consulting services by Sophie Moshakis or otherwise.
12. Right of removal
We reserve the right to remove, at any time, any Content, including, without limitation, any and all images, photographs, documentation or other material on or from the website.
13. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
· any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
· using this website to defame or libel us, our employees or other individuals;
· uploading files that contain viruses that may cause damage to our property or the property of other individuals;
· posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information or other material to our website, we have the right to take down this information at our sole discretion and without notice.
14. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law and the Copyright Act, we make no warranties or representations about this website or the Content, including warranties or representations that this website and the Content will be complete, accurate or up-to-date, that access to the website will be uninterrupted or error-free or free from viruses, that this website will be secure or that the Content does not infringe on the copyright or moral rights of any third party.
We reserve the right to restrict, suspend or terminate without notice your access to this website and/or any Content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
15. Liability
To the maximum extent permitted by law, including the Australian Consumer Law and the Copyright Act, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:
your use of this website or the Content on this website;
the inaccessibility of this website or our related services;
the fact that certain information or materials contained on this website or that we otherwise share with you are incorrect, incomplete or not up-to-date.
16. Jurisdiction and governing law
Your use of our website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Effective From: 25 July 2024
Last Updated: 25 July 2024