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Terms of Service

Version 1.0 — Effective 1 January 2025

Contents

  1. Acceptance of Terms
  2. Platform Description
  3. User Accounts
  4. Artist & Gallery Obligations
  5. Buyer Obligations
  6. Transactions & Payments
  7. Auctions
  8. Art Classes
  9. User Content
  10. Intellectual Property
  11. Limitation of Liability
  12. Termination
  13. Governing Law
  14. Contact

1. Acceptance of Terms

By accessing or using ArtworkHub SA ("the Platform", "we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Platform. These Terms constitute a legally binding agreement between you and ArtworkHub SA (Pty) Ltd, registered in South Africa.

We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance. The current version and effective date are shown above.

2. Platform Description

ArtworkHub SA is an online marketplace connecting South African artists, galleries, and collectors. The Platform facilitates the listing and sale of original artworks, timed auction bidding, and bookings for art classes and workshops. ArtworkHub SA is a platform intermediary — we are not a party to transactions between artists and buyers.

3. User Accounts

You must be 18 years or older to create an account. You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us immediately of any unauthorised access.

  • Provide accurate and complete information during registration.
  • Do not create multiple accounts or accounts on behalf of others without authorisation.
  • Do not share your login credentials.
  • We reserve the right to suspend accounts that breach these Terms.

4. Artist & Gallery Obligations

By listing artworks, auctions, or classes on the Platform, you confirm that:

  • You are the creator or rightful owner of the artwork, or have written authorisation to sell it.
  • All descriptions, images, and details are accurate and not misleading.
  • Artworks listed are available for sale and not simultaneously listed on consignment to a gallery under exclusive terms unless disclosed.
  • You will fulfil confirmed orders in a timely manner and communicate promptly with buyers.
  • You will honour auction results where the reserve is met.
  • You will collect and remit applicable VAT if you are a registered VAT vendor.
  • You agree to the platform commission rate as displayed in your Artist Portal settings.

5. Buyer Obligations

  • You will make payment promptly once an order is confirmed by the artist.
  • Auction bids are legally binding offers to purchase. Place bids only if you intend to complete the purchase.
  • You will not attempt to circumvent the platform to deal directly with artists discovered through ArtworkHub SA.
  • You accept that artwork colours may vary slightly from photographs due to screen calibration and photography conditions.

6. Transactions & Payments

ArtworkHub SA facilitates connections between buyers and artists but does not process payments directly (except where PayFast integration is active). Payment is made directly between buyer and artist as instructed after order confirmation.

ArtworkHub SA charges artists a commission on completed sales. The rate is disclosed in the Artist Portal. Commission is invoiced monthly on settled transactions.

We do not hold funds in escrow. If a dispute arises between a buyer and artist, we will assist in mediation but are not liable for payment failures or fraud by either party.

7. Auctions

  • All bids are binding offers to purchase at the stated amount.
  • The highest bid at auction close wins, subject to the reserve price being met.
  • If the reserve is not met, the artist is not obligated to sell.
  • The artist will contact the winning bidder within 2 business days to arrange payment.
  • Failure to pay after winning an auction may result in account suspension.
  • ArtworkHub SA is not liable for technical errors that affect auction timing or bid recording, though we will make reasonable efforts to resolve any such issues fairly.

8. Art Classes

  • Class bookings are agreements between the student and the instructor.
  • Cancellation policies are set by each instructor and shown on the class listing.
  • ArtworkHub SA is not liable for instructors cancelling sessions, though we may take action against instructors who habitually cancel.
  • Payment is arranged directly with the instructor after booking.

9. User Content

You retain ownership of content you upload (artwork images, descriptions, bio, etc.). By uploading content, you grant ArtworkHub SA a non-exclusive, royalty-free licence to display, resize, and promote that content on the Platform and in our marketing materials.

You may not upload content that is:

  • Infringing on another person's intellectual property rights
  • Fraudulent, misleading, or deceptive
  • Offensive, obscene, or harmful
  • In violation of any South African law

We may remove content that breaches these rules without notice.

10. Intellectual Property

ArtworkHub SA and its logo, design, software, and text content are the intellectual property of ArtworkHub SA (Pty) Ltd. You may not copy, reproduce, or distribute any part of the Platform without written permission.

Artists retain full copyright in their artworks. A sale of an artwork does not transfer copyright unless explicitly agreed in a separate written agreement between artist and buyer.

11. Limitation of Liability

To the maximum extent permitted by South African law, ArtworkHub SA is not liable for:

  • Loss or damage arising from transactions between users
  • Artwork damaged or lost in transit
  • Inaccuracies in artwork descriptions provided by artists
  • Unauthorised access to user accounts
  • Platform downtime or data loss

Our total liability to you in any circumstance is limited to the amount of commission received from your transaction, or R500, whichever is greater.

12. Termination

We may suspend or terminate your account at any time for breach of these Terms, fraudulent activity, or where required by law. You may delete your account at any time by contacting us. Order and transaction records may be retained as required by law.

13. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the South African courts, with venue in the Western Cape.

14. Contact

For questions about these Terms, contact us at legal@artworkhubsa.co.za or via our FAQ page.

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