TERMS AND CONDITIONS OF USE
Last updated on 23rd August 2024.
Please read this terms and conditions carefully before using the Art Meets platform
Introduction to the Platform
● About the Platform - Art Meets provides an online platform which, amongst other services (“Art
Meets Services”), operates as an online marketplace connecting users to arts and culture. The
Platform will allow users to navigate events, landmarks, and act as a networking platform
between users. Users can display their artwork and advertise events in their profile. The
Platform will also offer direct messaging services for users.
● Types of Users - The Platform will have four types of users, Artist / Cultural producer /
Organisation (“Artists”), Art Lover / General user (“Art Lovers”), Networks, and Galleries /
Money Makers (“Galleries”). Transactions and/or engagements formed between these users
are private transactions between those relevant users and has nothing further to do with Art
Meets.
● Changes to these Terms - These Terms explain the conditions applicable to all users using the
Platform and/or the Art Meets Services. The Platform and these Terms are subject to change
without notice. These Terms are updated or amended from time to time and will be effective
upon us uploading the amended Terms to the Platform. Your continued access or use of the
Platform and/or Art Meets Services constitutes your acceptance to be bound by these Terms,
as amended. It is your responsibility to read these Terms periodically to ensure you are aware
of any changes.
The Legal Terms
● About Us - By accessing or using www.art-meets.com or any of its related applications or
platforms (collectively, “the Platform”), owned by Art Meets Camera (Pty) Ltd (reg:
2013/197534/07) (“Art Meets”), a private limited liability company registered and operating in
accordance with the laws of South Africa, you agree that you have read, understood and
agree to be bound to these terms and conditions (the “Terms”). All rights in and to the content
of the Platform remain expressly reserved by Art Meets.
● Limitation of Liability - Please pay specific attention to the BOLD paragraphs of these Terms.
These paragraphs limit the risk or liability of Art Meets, constitute an assumption of risk or
liability by you, impose an obligation by you to indemnify Art Meets or are an
acknowledgement of any fact by you.
● Access to Platform - Please read these terms carefully before accessing or using the Platform.
We will assume you have read and understood these terms should you continue to access or
make use of the Platform.
● Applicable Terms - The terms "user", “you" and “your” are used interchangeably in these
Terms and refer to all persons accessing the Platform or Art Meets Services. Accordingly, the
terms “us”, “our” or “we” refers to Art Meets or its possession.
● Additional Policies - Supplemental terms may apply, such as policies for a particular activity or
promotion. Such supplemental terms will be disclosed to you beforehand. Supplemental terms
are in addition to and shall be deemed incorporated into the Terms for the purpose of the Art
Meets Services.
● Unauthorised Use - Any unauthorised use of the Platform or a breach of these Terms by a
user may give rise to legal action at the suit by Art Meets against the infringing party and/or be
a criminal offence.
Relationship Between the Parties
● ART MEETS PROVIDES SOFTWARE SERVICES AND IS NOT AN AGENT, INTERMEDIARY
NOR PARTNER OR OTHER ADVISER TO ANY USER. ALL TOOLS PROVIDED ON THE
PLATFORM OR AS PART OF THE ART MEETS SERVICES ARE FOR INFORMATION
PURPOSES ONLY, ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY
THE PLATFORM IS BETWEEN THEM PRIVATELY, AND FOR WHICH ART MEETS HOLDS
NO RESPONSIBILITY.
● All users understand and expressly agree that they are at all times an independent service
provider, and are not an employee, partner nor agent of Art Meets’ in any regard. As such,
user-service related issues are exclusively the liability of the relevant user and not of Art
Meets.
● If users engage in a formal relationship during/after their use of the Platform these parties do
so entirely at their own risk and via private arrangement.
● Art is extremely subjective and certain works may cause offence or disturb certain users. We
are aware of the subjective nature of art and do our best to curate user profiles prior to being
placed on the Platform but we are not responsible and cannot be held liable for the quality or
standard of any information displayed on any profile or derived from the Platform. None of the
content submitted to the Platform by a user constitutes the beliefs, views, or opinion of Art
Meets.
Profile Registration Process
● Registration Process - To become a user on the Platform, you must follow the registration
process detailed on the Platform and acquire a profile. You agree to provide accurate, current,
and complete information during the registration process and to update such information as
and when it changes.
● Information Required - We require each type of user to submit different information to set up
their profile on the Platform. The general information required from all users is your name,
contact number, email address and location. The exact information we require from you will be
displayed on the Platform when you create your profile as well as in our Privacy Policy.
● Privacy Protection - To protect your privacy and security, the Platform takes reasonable steps
to verify your identity by requesting your profile username and password to grant access to
your profile and data. You can view or change your personal information on the Platform.
● Warranty - By submitting your personal information you warrant that the person using the
Platform is you and/or you have the legal authority to act on behalf of that person. You are
responsible for your profile and all actions performed through your profile. You should not
share your login details or password with anyone.
● Consent - By submitting your personal information to us you consent to us using your
information to facilitate a connection between you and another user.
● Privacy Policy - Please see Art Meets’ Privacy Policy regarding more details on how Art Meets
uses and processes your personal information.
Services Offered
● Through the Platform, Art Meets offers users the opportunity to connect with their community:
● by uploading their art and work to their profile on the Platform for other users to
browse through and save content from;
● by offering direct messaging between users which allows users to engage with each
other, exchange skills, and share resources;
● by offering users the ability on one end to arrange and curate events and meet-ups
and on the other end to browse through advertised events for ones they are interested
in attending;
● by allowing users to buy and sell tickets to events, meet-ups, workshops and other
in-app purchases;
● by curating and hosting tours of galleries or art shows that other users can access and
view maps for.
● Own Risk - As the Platform is a marketplace, if a user displays and offers via their profile, any
of the services listed above, they do so on their own and the transactions that result from
these services is a private transaction between users. Art Meets offers the Platform as a
software service to allow the engagement between users but is in no way involved in this
engagement.
Fees on the Platform
● Using the Platform is free to users.
● Fees between users:
● Where you engage with other users through the Platform for the purchase of any art,
event tickets or similar items you may do so using the direct messaging function of the
Platform.
● The selling user will be responsible for ensuring the transaction is done lawfully and
that the buying user receives an invoice and has paid all advertised fees. Any final
invoice provided must include all applicable taxes, ancillary charges, duties, licensing
provisions (where applicable) and/or other charges to be included as part of the total
fee.
● In-app purchases:
● We are committed to providing secure online payment facilities. All transactions on the
Platform are facilitated by an authorized payment service provider and/or other
licenced and verified payment systems.
● An invoice for each transaction will be both emailed and made available for download
in your profile.
● General:
● You may contact us via email at info@artmeetsapp.com to obtain a full record of your
transaction with us.
● We may, from time to time, provide certain users with promotional offers and discounts
that may result in different amounts charged for the same or similar services and you
agree that such promotional offers and discounts, unless also made available to you,
will have no bearing on your use of the Platform or the fees applied to you.
● All amounts shown on the Platform will exclude Value Added Tax (“VAT”) and will be
exclusive of any other applicable taxes/fees, unless otherwise stated and required by
law. All applicable taxes, duties or fees will be detailed to you before you affect any
transaction.
● We reserve the right to establish, remove and/or revise any fees at any time in our
sole discretion. We will use reasonable efforts to inform you of all charges or fees that
may apply to you. You will be responsible for the payment of all fees properly incurred
under your Profile with Art Meets or another user.
● We value your privacy and take reasonable measures to ensure that the personal
information provided by each user and/or account holder is kept safe and secure.
User Responsibilities and Warranties
● By using the Platform and/or the Art Meets Services, you warrant that:
● you have read and agreed to these Terms and will use the Platform in accordance with
them;
● you have not made any misrepresentations and the information provided in the
registration process is true, accurate and complete in every regard;
● you will timeously pay any fees due to Art Meets or another user when required to do
so under these Terms;
● you expressly understand and agree to how Art Meets is only a facilitating party for all
users, and any liability stemming from any services provided by a user lies exclusively
with the relevant user, and not with Art Meets;
● you are above the age of 18 years and/or possess the legal authority and capacity to
act on your own and/or on behalf of your organisation. If you are under the age of 18
years, then you may use the Platform only with the involvement and supervision of
your parent or legal guardian. When your parent or legal guardian supervises you and
gives their consent, then such person agrees to be bound to these Terms and to be
liable and responsible for you and all of your actions on the Platform;
● you will not post, upload, replicate or transmit any abusive content on the Platform that
is or could reasonably be considered, in Art Meets’ sole discretion, to be threatening,
harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach
of confidence, in breach of privacy or restrict any user in any way from properly using
the Platform;
● you will not send any unsolicited electronic messages or use any software, routine or
device to interfere or attempt to interfere electronically or manually with the operation
or functionality of the Platform including but not limited to uploading or making
available files containing corrupt data or viruses via whatever means or deface, alter
or interfere with the front end ‘look and feel’ of the Platform or the underlying software
code;
● you will be liable, to whichever relevant authority, to pay any tax or duty or VAT
associated with your receipt of any fees from another user, as Art Meets is not liable
for such payment of any tax, duty or VAT on your behalf;
● you will not infringe any third party’s or the Platform’s intellectual property or other
rights or share content that you do not own or do not have the right to publish or
distribute;
● you will treat all other users with respect and dignity at all times;
● you will not use the Platform for any commercial purpose other than as expressly
provided for by Art Meets and these Terms;
● you will not use the Platform to breach any applicable law or regulation or perform or
encourage any illegal activity including (without limitation) promoting or facilitating
access to, use of or sale of illegal substances, services, information, or devices; and
● you will not facilitate or assist any third party to do any of the above,
failing which, such an infringement will be automatically deemed to be a material
breach of these Terms, and sanctions will be levied against the infringing party by Art
Meets.
● Connected Devices - The Platform is only available on compatible devices connected to the
internet. It is your responsibility to obtain these devices and internet access necessary to use
the Platform.
● Access to the Platform for Breach - Without prejudice to any of Art Meets’ other rights (whether
at law or otherwise), we reserve the right to deny you access to the Platform where we believe
(in our reasonable discretion) that you are in breach of any of these Terms, or for any other
reason, provided we provide you with reasonable notice.
● Guarantee - We do not guarantee that the Platform, or any portion thereof, will function on any
particular hardware or device.
Additional Terms for Artists and Galleries
● You explicitly understand and agree that Art Meets and/or the Platform does not sell or license
or offer any of your private services as an Artist or a Gallery in any nature or form. Art Meets
enables you to meet and transact, using the Platform. You are always the seller and/or
licensor of your services to another user, and that user is the buyer and/or licensee of your
services. Art Meets and the Platform are merely a facilitator for both parties to conduct their
private transaction.
● As an Artist or Gallery, you warrant that you will:
● always have any required licenses to provide your services and display any art in
your profile;
● maintain and be responsible for any registration or access to the Platform needed
to provide your services on the Platform;
● never circumvent or attempt to circumvent the Platform and/or Art Meets in
providing your services to users outside of the Platform with the intention of
acting to the detriment of Art Meets;
● adhere to all applicable consumer and intellectual property protection and/or
other laws when conducting your private transactions, as well as in making your
services available in South Africa;
● allow, and grant to, Art Meets a non-exclusive and non-transferable right to your
intellectual property (including pictures and descriptions of your art and services
offered) to be used only on the Platform and/or by Art Meets when advertising or
describing your services on the Platform or to other users; and
● provide correct and up-to-date information regarding your services, including
applicable prices, availability, any applicable warnings, and other necessary
details to Art Meets and/or the Platform when necessary or requested,
failing which, you will immediately be deemed to be committing a material breach
of these Terms, allowing Art Meets to take such legal action as it deems
necessary.
● Pricing Consistency - All fees charged by you for any service or event must exactly
match the fees advertised for that service on the Platform. It is your sole responsibility
to collect and pay any relevant, applicable income tax, VAT or other taxes associated
with advertising your services.
● No Liability for Art Meets - All liability related to the offering, advertisement and/or
provision of your services lies strictly with you as the provider of such services to other
users, which users are made explicitly aware of.
● Exchange feature - Art Meets shall create a feature for artists to exchange various
works and this shall be subject to the guidelines published on the Art Meets platform.
Artists are solely responsible for all photographs, prompts, postings, messages, text,
files, images, graphics, illustrations, audio clips, video clips, sounds, or other
information or materials (“Art work”) that they exchange, post, email, transmit, publish,
submit or otherwise make available through the exchange feature (collectively,
“Publish(ing)”). By Publishing any Art Work on the Sites, you represent and warrant
that:(a)you own or otherwise have all necessary rights, including but not limited to all
intellectual property rights, in and to the Art work you provide and the rights to use the
Art work as provided in these Terms of Use and the exchange feature guidelines; (b)
all Art work and other information you provide is true, accurate, current and complete
and does not violate these Terms of Use; and (c) the User Content will not cause
injury to any person or entity.
Receipt And Transmission of Data Messages
● Data messages, including email messages, you send to us will be considered as received only
when we acknowledge or respond to these messages.
● Data messages we send to you will be regarded as received when the data message enters
your email server inbox and is capable of being retrieved and processed by you.
● We reserve the right not to respond to any email or other data message that contains
obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and
to take appropriate action against the sender of such email or data message if necessary.
● Messages sent over the internet cannot be guaranteed to be completely secure as they can be
intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of
any message sent by email or over the internet whether between Art Meets and a user, or
between users.
Hyperlinks, Deep Links, Framing
● The Platform may include links to other internet sites ("other sites"). Art Meets does not own or
endorse these other sites and is not responsible for the information, material, products, or
services contained on or accessible through the other sites. Any such hyperlinks do not imply
any endorsement, agreement on or support of the content or products of these other sites.
● Art Meets does not purport to own the content on these other sites which may be shown on
the Platform.
● Your access and use of the other sites remain solely at your own risk and on the terms set by
the operator of any other site.
Advertising And Sponsorship
● The Platform may contain advertising and sponsorship. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Platform complies with all
applicable laws and regulations.
● Art Meets, its shareholders, employees, suppliers, partners, affiliates, and agents accordingly
exclude, to the maximum extent permitted in law, any responsibility or liability for any error or
inaccuracy appearing in advertising or sponsorship material.
Intellectual Property
● Platform IP - All Platform material, content, information, data, software, icons, text, graphics,
lay-outs, images, sound clips, advertisements, video clips, service descriptions, logos, trade
names, logos, trademarks, designs, copyright and/or service marks (as well as the
organisation and layout of the Platform) together with the underlying software code and
everything submitted by a user to the Platform (“the intellectual property”) are owned (or
co-owned or licenced, as the case may be) by Art Meets, its legitimately authorised
third-parties, its shareholders, directors, associates and/or partners, whether directly or
indirectly, and as such, are protected from infringement by domestic and international
legislation and treaties.
● User Generated IP - All rights to any intellectual property provided by you to the Platform will
remain with you, but you provide Art Meets with a non-exclusive, non-transferable licence to
use such intellectual property as we deem fit on the Platform and/or in advertising, for as long
as you remain registered on the Platform.
● No Modification of IP - Subject to the rights afforded to you in these Terms, all other rights to
all intellectual property on the Platform are expressly reserved. You may not copy, download,
print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property,
editorial content, graphics or other material on the Platform or the underlying software code
whether in whole or in part, without our prior written consent, which consent may be refused at
our discretion. No modification of any intellectual property or editorial content or graphics is
permitted. Should you breach these provisions, Art Meets and/or the rightful intellectual
property rights owner may take such legal action as Art Meets or the intellectual property
owner deems necessary.
● Updates to Platform IP - We reserve the right to make improvements or changes to the
intellectual property, information, artwork, graphics, and other materials on the Platform or to
suspend or terminate the Platform, at any time without notice; provided that any transactions
or functions already concluded through the Platform, will not be affected by such suspension
or termination (as the case may be).
● Third Party IP - Where any of the Platform intellectual property has been licensed to us or
belongs to any third party, apart from user submitted intellectual property, all rights of use will
also be subject to any terms and conditions which that licensor or third party imposes from
time to time, and you agree to comply with such third-party terms and conditions.
● IP License to Users - Subject to adherence to these Terms, Art Meets grants to you a
personal, non-exclusive, non-assignable and non-transferable license to use and display all
Platform content and information on any device you use. However, nothing contained on the
Platform or in these Terms should be construed as granting you any licence or right to use any
intellectual property without our prior written permission.
● Please contact us directly if you have any enquiries regarding any of the above.
Disclaimers and Warranties
● The Platform, including any intellectual property appearing therein, is provided "as is" and "as
available". Art Meets makes no representations or warranties, express or implied, including but
not limited to warranties as to the accuracy, correctness, or suitability of either the Platform,
information provided by another user, the information contained about services, and/or on the
Platform in any way.
● All information or opinions of users made available on the Platform are those of the authors
and not Art Meets. While Art Meets makes every reasonable effort to present such information
accurately and reliably on the Platform, Art Meets does not endorse, approve, or certify such
information, nor guarantee the accuracy or completeness of such information on the Platform
or from another user.
● Art Meets, its shareholders, employees, and partners, accept no liability whatsoever for any
loss, whether direct or indirect, consequential, or arising from information made available on
(or by means of) the Platform, other users thereon, and/or transactions or actions resulting
therefrom, including a user’s use of any services in any way.
● Art Meets, its shareholders, employees, partners, and affiliates, accept no liability whatsoever
for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or
damages, including any economic loss, consequential loss, loss of profits or any form of
punitive damages, resulting from the facilitation and offering of the Art Meets Services, and
access to, or use of, the Platform in any manner.
● We take reasonable security measures to ensure the safety and integrity of the Platform and
to exclude viruses, unlawful monitoring and/or access from the Platform. However, we do not
warrant or represent that your access to the Platform will be uninterrupted or error free or that
any information, data, content, software, or other material accessible through the Platform will
be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to
and use of the Platform remains solely at your own risk and you should take your own
precautions accordingly.
Indemnities
● The user indemnifies and holds harmless Art Meets, its shareholders, directors, employees,
and partners from any demand, action, regulation or application or other proceedings,
including for attorneys’ fees and related costs such as tracing fees, made by any third party,
and arising out of or in connection with the user’s use of the Platform or Art Meets Services
offered or concluded through the Platform in any way.
● The user agrees to indemnify, defend, and hold Art Meets harmless from any direct or indirect
liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of
the Platform and/or the Art Meets Services and/or any user services and/or breach of these
Terms.
● This clause will survive termination of this agreement.
COMPANY INFORMATION
● Site/Domain owner: Art Meets Camera (Pty) Ltd
● Company type: Private Company
● Registration Number: 2013/197534/07
● Director: Michaela Limberis
● Description of main business: Content Production and Art curation
● Telephone number: +385916131164
● E-mail address: info@artmeets.app
● Platform URL: www.art-meets.com
● Postal address: 201 The Bridge House, 11 Duncan Road,
● Sea Point, 8001
● Registered address: 201 The Bridge House, 11 Duncan Road,
● Sea Point, 8001
● Membership of any association; N/A
Dispute Resolution and Governing Law
● Access and/or use of the Platform, any downloaded material from it and the operation of these
Terms (including any transaction concluded pursuant thereto) shall be governed by and
construed in accordance with the laws of the Republic of South Africa.
Disputes between users and Art Meets:
● Negotiation - Should any dispute, disagreement or claim arise between a user and Art Meets
concerning use of the Platform or the Art Meets Services, the parties shall endeavour to
resolve the dispute amicably, by negotiation, and with the best interests of both parties in
mind.
● Mediation - Should the parties fail to resolve such dispute in the aforesaid manner within 14
days within such further period as the parties may agree to in their negotiation, the parties will
approach an independent industry expert who shall mediate the discussion between them, for
the purposes of finding a mutually beneficial solution.
● Tribunal - Either party may also always use the dispute resolution services of any applicable
legislative tribunal or ombud, as provided for in applicable legislation.
● No Publication - The parties both agree that in no circumstance will either party publicize the
dispute on any social media or other public platform. The parties understand that any publicity
of this nature can cause serious damage to the other party, which damage may result in a
financial claim against the infringing party.
Disputes between users:
● User Dispute Only - Should a dispute arise between users and their private transaction, said
dispute is between the parties exclusively, where Art Meets is not responsible for fulfilling any
function in any way or in any role.
● Negotiation - The users agree that they shall handle their private dispute between them in the
way they mutually deem suitable and/or as prescribed by any relevant agreement concluded
between them, and for the attempted benefit of both parties.
● Log Dispute with Art Meets - Notwithstanding the above, the parties in a private dispute must
inform Art Meets of the dispute so as to allow Art Meets to log the issues experienced, and to
try assist both parties in whatever way we deem fit (exclusively in order to protect our
interests) but we are under no obligation to do so.
Termination of Use of Platform or Services
● IN ADDITION TO THE RIGHTS ABOVE, ART MEETS RESERVES THE RIGHT TO
TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE PLATFORM IF YOU
BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE
DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
● If you wish to terminate the agreement with Art Meets, or end your use of the Platform, you
may do so by deregistering your Profile and discontinuing your use of the Platform.
● Termination will however not have any effect on the legitimacy of any lawful rights which the
parties may have at the time of termination including the payment of any fee which was due
and payable before termination to Art Meets.
● If you terminate your use of the Platform, we will remove you from the Platform and delete
your Profile within a reasonable period of time in accordance with our data retention periods.
Notices and Service Address
● Each of the parties choose their service address for the purposes of the giving of any notice,
the serving of any process and for any other purposes arising from these Terms as being:
● in the case of Art Meets, at info@artmeetsapp.com; or
● in the case of the user, at the email and addresses provided by the user to Art Meets.
● Notwithstanding the above, any notice given in writing in English, and actually received by the
party to whom the notice is addressed, will be deemed to have been properly given and
received, notwithstanding that such notice has not been given in accordance with this clause.
The Fine Print
● No Variation - This document contains the entire agreement between the parties in relation to
the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation
of, or addition hereto will be of any force or effect unless reduced to writing and signed by all
the parties to these Terms or their duly authorised representatives.
● No Indulgence or Leniency - No indulgence, leniency or extension of time granted by Art
Meets shall constitute a waiver of any of Art Meets’ rights under these Terms and, accordingly,
Art Meets shall not be precluded as a consequence of having granted such indulgence, from
exercising any rights against the user which may have arisen in the past or which might arise
in the future.
● Singular v Plural - Words importing the singular will include the plural and vice versa. Words
importing one gender will include the other genders, and words importing persons will include
partnerships, trusts and bodies corporate, and vice versa.
● Clause Headings - The headings to the paragraphs to the Terms are inserted for reference
purposes only and will not affect the interpretation of any of the provisions to which they relate.
● Contact Us - Should you have any complaints or queries, kindly email us at
info@artmeetsapp.com
● Legal Costs - In the event of the user failing to pay any amount timeously or breaching these
Terms, the user shall be liable for all legal costs (on the scale as between attorney and client)
(including collection commission) which may be incurred by Art Meets, in its own capacity to
the relevant user, in relation to the payment failure or breach and the rectification of same.
● Severability- Each sentence, paragraph, term, clause and provision of these Terms and any
portion thereof shall be considered severable and if, for any reason, any such sentence,
paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any
applicable present or future law or regulation or in terms of a final, binding judgment issued by
any court, it shall to that extent be deemed not to form part hereof and shall not impair the
operation of, or have any effect upon such other sentence, paragraph, term, clause or
provision hereof as may otherwise remain valid or intelligible, which shall continue to be given
full force and effect and bind the parties hereto.
● Prohibited Terms - No term or condition of these Terms is intended to breach any peremptory
provisions of any consumer protection legislation and any regulations thereto ("Prohibited
Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions
of the clause above.