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Han Yan Ji Xue Tu (detail), ink on paper, Ma Yuan (1140-1225), courtesy of the National Palace Museum, Taipei

Terms & Conditions

The Terms and Conditions (“Terms of Use”) stated here are upon which Tutuhaoyi [developed by Pickahouse Pty Ltd, ABN (Australia) 15 609 914 481, as “Tutuhaoyi.com”, “Tutuhaoyi”, “we”, “us”] permits you (“you”, “user”, “users”), to access and use the website at www.tutuhaoyi.com (the “Site”). All information, data, text, still images, graphics, audio, video, messages, software and other materials found on this Site, excluding any information or other content accessible to you from a third-party website, are the content of the Site (the “Content”). Unless and to the extent that the Terms and Conditions of using this Site is stated otherwise, any other policies, terms and documents referred to on this Site, including by way of hyperlink, are part of the Terms of Use of this Site.

This Site and its Content is solely owned by Pickahouse Pty Ltd and may be contributed by other authorised third parties, and is provided for general information purposes only and does not in any way constitute advice, approval, recommendation, endorsement or sponsorship by Tutuhaoyi or any of our third-party information sources.

 

These Terms of Use cover the following areas:

  1. Agreement to follow the Tutuhaoyi Terms & Conditions;
  2. Website updates, changes and access;
  3. Images, descriptions and other content media;
  4. Third party information;
  5. Hypertext links;
  6. Independent advice;
  7. General disclaimer;
  8. Exclusions of liability;
  9. Other excluded loss or damage;
  10. Comments, enquiries and testimonials;
  11. Intellectual property rights;
  12. Privacy;
  13. Your obligations;
  14. Your indemnity;
  15. Governing law; and
  16. Interpretation

 

1. Agreement to follow the Tutuhaoyi Terms & Conditions

Accessing this Site means that you agree with the Pickahouse Terms and Conditions and is therefore bound to these Terms of Use, including the clauses added, amended and varied from time to time. These Terms of Use apply in addition to and do not derogate from any other terms or conditions discussed here.

If a term or part of a term in these Terms of Use becomes unenforceable therefore severed from these Terms of Use, the remaining terms or parts of the term of these Terms of Use continue in force.

If you do not agree with these Terms of Use then you must not access this Site. These Terms of Use remain in effect between the User and us until terminated by either party.

If you do not accept a change made by us to the Terms of Use, you must immediately cease accessing the Site and terminate your registration by notifying us in writing.

 

 

2. Website updates, changes and access

To keep this Site up to date, changes and updates to any of its web pages or the whole Site itself, and/or its Content may be made from time to time (including these Terms and Conditions) without prior notice to its members or Site visitors, including addition and removal of listed entries and/or artworks. This is to say that such changes may take effect from the time, and that the updated items, Content or any other materials uploaded on this Site may or may not be amended.

Tutuhaoyi reserves the right at any time to charge fees, and to vary or amend the Terms and Conditions which cover such fees, for access to or use of all or some parts of the Site.

Hence, you are advised to save a copy of these Terms of Use for your record to periodically check for any amendments or changes made from time to time.

Where you are required to register with us, you may cancel your registration at any time by notifying us in writing.

Users do not have the right to restrict access and use of this Site. This is to say that it is our sole discretion to refuse access or discontinue the Site in whole or any part. In addition, the ‘Contact Us’ function of this Site will help identify, warn and delete or terminate an account and/or access of some Users who publish or upload illegal, inappropriate, inaccurate and misleading information on the Site. We may also cancel some Users’ registrations if they do not visit the Site for an extended period of time.

Hence, we accepts no liability for any loss or damage incurred or suffered by any User, registered member or person arising from or in connection with the changes made to the Site (including these Terms of Use) or our refusal or failure to provide access to, or to provide an accessible, Site, including loss or damage related to Users being unable to access the Site because of any temporary or permanent defects or faults, maintenance or discontinuance of the Site.

 

 

3. Images, descriptions and other content media

1) The trademarks of Tutuhaoyi, Pickahouse and their partners, as well as the logos shown on the Site, are filed and registered with the IP Australia and are, as such, protected by Australian Government IP law.

Any reproduction, in whole or in part, of these trademarks and/or logos made from elements of the website without the express permission of their owners is strictly prohibited and constitutes a violation of the Australian Intellectual Property Code.

2) The illustrations, still images, audio, video and other files and media including description text and other content used on the Site and its promotions are intended to be a visual and descriptive aid and may show inclusions or items that do not form part of the iconography listed and featured on this Site.

Users provide their comments on the Site or other internet sites you may view or access through the Site. Tutuhaoyi reserves its right, but has no obligation, at its sole discretion, to pre-screen, refuse, or remove any content posted by Users that violates the Terms of Use or is otherwise objectionable, without prior notice.

Users are strongly advised to make their own enquiries regarding the full specifications of any artworks found on this Site prior to entering into any agreements or contracts. Tutuhaoyi does not accept liability for any misuse of any descriptions or media uploaded on this Site or misrepresentation in any form for any information provided on this Site.

 

 

4. Third party information

The content and information found on this Site may include views or opinions of our third-party sources. Furthermore, the fact that you receive this information from and in connection with the Site does not mean that these views or opinions are endorsed by Tutuhaoyi.

Any link to webpage or website that is included in the Content and information found on this Site does not imply that Tutuhaoyi endorses that site or accepts any responsibility for the content or use of that other site and we make no representations or warranties regarding the accuracy, validity and any other aspects of the information located on any third party websites. We will not be held liable for any damage or injury resulting from them. Any such links are provided either for information or convenience only and may not remain current.

You acknowledge and agree that Tutuhaoyi does not participate in any transaction, including any sales, leases, negotiations, discussions or proposals, between you and any third party.

 

 

5. Hypertext links

Tutuhaoyi authorises the use of hypertext links to its content as long as it does not lead to confusion as to the source of the services and/or content produced and/or held by Tutuhaoyi and provided that:

  • deep linking is not used, i.e. pages from Tutuhaoyi website must not be embedded within pages on another site, but should be accessible with the opening of a new window.
  • the source is mentioned when a hypertext link leads directly to the content.
  • the information is used only for personal, associative or professional reasons; all use for commercial or advertising purposes is strictly prohibited.
  • this authorisation does not apply to websites containing controversial, pornographic or xenophobic content or any other content that may, to a greater extent, be deemed offensive to the general public; or to websites that interfere with the material and moral interests of Tutuhaoyi.

For any other use, please write to us through Contact Us page.

 

 

6. Independent advice

Any information found on this Site must not be construed as advice on tax, investment, financial, accounting, legal, designing, auction or any other related information to antique collection or artwork purchase. Hence, Users are advised to see their own independent advisers on investment, taxation, accounting, legal, designing, auction and other advice in relation to antique collection or artwork purchase before entering into any commitment, agreement or contract.

 

 

7. General disclaimer

This site, www.tutuhaoyi.com., is provided ‘as is’ and access to and use of the Site is at your own risk. Therefore, no Site visitor or User should rely on, act, or refrain from acting solely on the basis of any of the Content and other information obtained from or in connection with this Site or any other websites linked to this Site.

To the full extent permitted by law and except as expressly set out elsewhere in these Terms of Use, Tutuhaoyi excludes all representations, conditions and warranties, expressed or implied, regarding merchantability or fitness of any artworks posted here for any purpose. Any claim arising in connection with your use of the Site, its Content, or any information provided by other users must be brought within twelve (12) months of the date of the event giving rise to such claim occurred.

The Site excludes liability and/or does not guarantee the following points:

  • The use of the Site is without risk;
  • The Content and information found on this Site is error-free;
  • The Site or its Service will meet the User’s requirements;
  • The Site Content or any data, software, file or media seen, found and uploaded on the Site, accessed, linked or referred to on the Site are free of defects or viruses, trojans, worms or other deleterious data, code or programs;
  • Any description, image or illustration, and statement contained on the Site or in any associated promotional material is complete, accurate, error-free, or current and that it sufficiently describes or shows an artwork or that any of these are suitable for the purposes of any user.
  • The Site visitors, Users and other persons cannot access or use the Site or its Services illegally or for illegal purposes;
  • Other users will comply with the law (including these Terms of Use) when using the Site; or
  • In the event of Force Majeure, including natural disaster, fire, power blackout, explosion, terrorism, earthquake, flood, strike, pandemic, war, acts of God, communication line failure or any other causes beyond reasonable control of either you or us, the Site will perform its obligations under the Terms of Use.

 

8. Exclusions of liability

To the full extent permitted by law, including in any case of consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from excluding our liability as set out in this clause. Tutuhaoyi or its partner publications and websites (collectively, the “Partners”) are not liable to you or any other person under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for any loss, cost or expense (including legal cost or expense of any kind), damage, or liability of any kind, whether direct or indirect or consequential and whether due to the negligence or otherwise of Tutuhaoyi, even if Tutuhaoyi has been advised of the possibility of such loss, damage, cost, expense or liability, suffered or incurred by you in connection with:

  • access to, use of or reliance on any Content on or obtained from the Site;
  • access to or use of the Site or inability to access or use the Site or malfunction of the Site;
  • reliance on any promotion or advertisement on or related to the Site;
  • any defects or errors on the Site or its Content;
  • failure or breach of any security protections, protocols, mechanisms, and/or procedures contained within or related to the Site;
  • any defamatory, discriminatory or otherwise illegal information or other Content posted on the Site, or sent to us, by any third party;
  • damage or loss to any Content on the Site or any feedback sent to Tutuhaoyi or any other person; or
  • unauthorised direct or indirect use of the Site or related services by other persons.

 

 

9. Other excluded loss or damage

To the full extent permitted by law, including in any case of consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from limiting our liability as set out in this clause. Tutuhaoyi or its Partners are not liable to you or any other person under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for:

  • any loss of opportunity;
  • any loss of profit, revenue or anticipated savings;
  • any loss or damage arising directly or indirectly from loss or corruption of data, other information or computer systems or from any business interruption; or
  • any indirect or consequential loss or damage, even if Tutuhaoyi has been advised of the possibility of such loss or damage arising.

 

10. Comments, enquiries and testimonials

You are welcome to send us your comments, enquiries, testimonials and overall feedback (collectively, the “Feedback”) regarding this Site and its Service features. You can submit your Feedback on Contact Us page.

The testimonials submitted for this Site is at your (“the User’s) willingness; thus, your consent to do or write a testimonial for us is assumed.

In sending your Feedback to us, you agree that:

  • You irrevocably assign all copyright of your Feedback to Tutuhaoyi.com.
  • You grant Tutuhaoyi the irrevocable, perpetual, worldwide, fully transferable, royalty-free license to use, copy, translate, modify, adapt or improve and exploit it in any other way, including to register, license and commercialise it in any way.
  • You waive the right to any claim against Tutuhaoyi or any of its successors, assigns and licensees regarding any use of other exploitations of the Feedback; and
  • You consent to us using and disclosing your information included or connected with your Feedback for the purpose of dealing with and otherwise exploiting your Feedback.

 

11. Intellectual property rights

This Site and its Content includes all matter and media, including copyright works and other subject matter, in which various intellectual property rights exist, including without limitation patents, copyright, designs, trademarks, goodwill, rights in computer programs and databases and any other similar rights of a proprietary nature (“Intellectual Property”).

All Intellectual Property of this Site or any Content, including those that are licensed to us, is the exclusive property of Tutuhaoyi or the registered site User that contributed to this Site or our licensors (as the case may be).

Subject to our right to terminate permission for you to use any Intellectual Property on this Site or any of its Content, you may use the Intellectual Property only to the extent necessary to enable you to browse this Site, in the form that is available to the public, for your own personal use and to provide registrations of interest and feedback.

You must not participate in, or permit any other person, unless you are expressly authorised by law, to use the Site to reproduce, represent, modify, adapt, repost, translate, sell, publish, distribute, communicate, display, publicly perform, prepare derivative works based on, incorporate or transmit into any other document or thing, the whole or any part of this Site or its Content without prior written permission of Tutuhaoyi or the Intellectual Property owner.

Any cultural and educational content (including, but not limited to, texts and audio recordings, audiovisual and multimedia documents) as well as the iconographic and photographic reproductions of works presented on the Site with a signature or a © are protected under intellectual property law.

Hence, access to the Site does not, unless and only to the extent expressly stated otherwise, confer on you any license or other rights in respect of the Intellectual Property on this Site or its Content. We reserve the right to revoke at any time, with or without cause, permission for you to use any copyright, trademark or any other Intellectual Property on this Site or any Content.

 

12. Privacy

We collect information and personal details from our registered Users and visitors on this Site. To know more about what personal information and other details we collect, or how we may use or disclose it, please view the Tutuhaoyi Privacy Policy on this Site.

In addition to any other consent in these Terms of Use, using this Site means that you consent to us using your personal information in accordance with our Privacy Policy.

We may disclose your personal information if we reasonably believe that doing so may mitigate our liability.

You have the right, free of charge, to access, rectify, modify and oppose the data concerning you or a deceased person for whom you are the legal representative. You may exercise this right by writing to Tutuhaoyi in Contact Us page.

 

 

13. Your obligations

Under these Terms of Use, using this Site means that you agree that you will not use any Content or other information, files, software or any other materials and media found and uploaded on this Site or accessed or obtained from or otherwise in connection with this Site for any purpose that is illegal.

You must not use false identities, impersonate any other person or entity to use the Site.

You agree that any information you submitted to this Site, including the information in Contact Us form on this site, will be true, up-to-date, not misleading, and does not infringe or violate any rights of any other party.

You must not post or transmit to this Site any content or link that is offensive, abusive, harassing, threatening, indecent, vulgar, defamatory, pornographic or otherwise contrary to law or an applicable code of conduct. You must not post or transmit to this Site any content or link that is discriminative against any group of persons by reference to origin, race, colour, gender, nationality or ethnic group or that denounces religious or political beliefs which are illegal under any applicable law at any place where posts or transmissions are sent from, viewed or received.

You must safeguard any username and password which is used by you. You authorise us to assume that any person using the Site with your username and password is either you or is authorised to act for you.

You must immediately notify us of any unauthorised use of your username or any other breach of security or reason for which your password needs to be deactivated. It is your responsibility to log off your account from our Site at the end of each session.

Using this Site means that you agree that you will not use, post, share or send to or via this Site any information, code (including any virus, script, program, bot, worm or other code) or other materials sourced from this Site in any form that causes, or for the purpose of causing, harm of any kind to Tutuhaoyi, its registered users, its Site visitors, or any other person on this Site or its Content.

You agree that you will not use any software, code, or any device to interfere or attempt to interfere with (including interrupt, destroy or limit the functionality of) the proper working of the Site, which may cause negative effects on other Users’ ability to engage in real time exchange of information on this Site.

In addition, you agree that you will not:

  • use any tool to data mine or conduct automated searches of or on the Site or its Content;
  • incorporate any of the Content and use any information found on this Site into any other articles, listings, advertising, promotional or other information or materials except as these Terms of Use expressly provide otherwise; or
  • create links from this Site to any other website or frame or mirror this Site without our prior written consent.

In compliance with the laws, you agree to comply with all applicable laws of Australia, including its States and Territories, and of any jurisdictions in which you reside or that otherwise apply to your use of this Site. You agree that you will not use this Site for any illegal purpose or engage in any conduct in any way connected to the Site that is illegal.

You must not do anything that causes Tutuhaoyi to breach any law of any jurisdiction.

 

 

14. Your indemnity

You hereby irrevocably indemnify Tutuhaoyi and its affiliates, directors, officers, employees, licensees, successors, assigns, contractors, Partners and each of its registered User (“Indemnified Persons”) and will keep each Indemnified Person indemnified from and against any and all loss, damage, claim, debt, cost (including reasonable legal costs on a full indemnity basis) or expense suffered or incurred by any Indemnified Persons, and from and against any liability any Indemnified Persons have to any other person, arising from or in any way, directly or indirectly, connected with:

  • your breach of these Terms of Use; or
  • your acts or omissions (including negligence) and those of your assigns, representatives or contractors, in any way connected with your use of this Site.

 

 

15. Governing law

These Terms of Use are governed by and shall be construed in accordance with the laws of the state of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia and any courts hearing appeals from those courts.

 

 

16. Interpretation

In these Terms of Use unless the context requires otherwise:

  • Headings are for reference purposes only;
  • The singular includes the plural and vice versa;
  • Reference to a person includes natural persons, a company or any other entity recognised by law;
  • Where any word or phrase is defined, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning;
  • The use of the word ‘includes’ or its other grammatical forms (or of similar expressions) is not to be taken as limiting the meaning of the words preceding it;
  • “Service” means the service of permitting access to Users to view, retrieve and place intended content on the Site; and
  • “Tutuhaoyi” means Tutuhaoyi website and the company that develops it, Pickahouse Pty Ltd (ABN 15 609 914 481), including its affiliates, directors, officers, employees, successors and assigns.

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