Copyright Licence
The images, artwork, text and contents of this website may not be used for commercial purposes without the written permission from Fiona Morgan of WhereFishSing. Copyright of all images of artwork, sold or otherwise, are retained by Fiona Morgan. Details below.
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My work is licenced under Creative Commons. Why? Read this post from my retired blog.
What does this mean? Most importantly it DOES NOT mean you are free to do as you like with my work or that I am easygoing about the unauthorised use of my copyright. You have been warned. If in doubt, ask me.
For any commercial use, authority must be agreed in writing beforehand.
What this particular licence (Creative Commons
Attribution-Noncommercial-Share Alike 4.0 International License) authorizes you to do is as follows:
- Share – to copy, distribute and transmit the work
- Remix – to adapt the work
Under the following conditions:
- Attribution – You must attribute the work to ‘Fiona Morgan of
WhereFishSing.com’ and provide a live link back to https://www.wherefishsing.com in any digital distribution media that you are using for the work - Noncommercial – You may NOT use this work for commercial purposes
- Share Alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one
A common misconception with art is the belief that if you buy the painting you are also buying the copyright as well. That is not so. That misconception is akin to buying a CD and assuming you may now use the contained music any way you wish.
I retain copyright of all my artworks and this is detailed on the sale receipt. That is, owning the physical artwork DOES NOT transfer copyright of the image of the artwork in question. Use of the image if you own the physical artwork is still covered by the terms of the (Creative Commons Attribution-Noncommercial-Share Alike 4.0 International License) detailed above.
Shipping
Shipping within Australia is complimentary (free!!). International shipping is shown in the item listing.
All artwork is sent with tracking whenever possible, and insurance to the value of the purchase price.
You will receive an order confirmation email upon successful payment. My goal is to ship your order as soon as it becomes available.
Once your order is on its way, you will receive a shipment notification email with an estimated delivery time and tracking details. Please ensure you have provided the correct contact details and delivery address.
Depending on your artwork, it may be sent by Australia Post, or courier.
Duties & Taxes
Orders shipped to destinations outside of Australia MAY be subject to import duties or taxes, which are incurred once a shipment reaches your destination country. Customs policies and import duties vary greatly between countries and unfortunately, I have no control over any import related charges.
WhereFishSing is not responsible for these duties or taxes if they are applied. They are not included in the shipping cost. These import related charges must be paid by the recipient of the parcel.
Please check with your local customs office to get an idea of duties and taxes that may apply.
ORIGINAL ART
Original art is sent out from the NSW Mid North Coast, Australia. This is a regional area and postal services simply aren’t as frequent here as in metropolitan areas. Please allow 7 – 14 business days for packing and shipping within Australia. I will send your order as soon as I can!
All original artwork on stretched canvas or board is wrapped in glassine paper, protected by cardboard, padded extremely well, and sent in a well fitting sturdy cardboard box, or a custom art crate for large works, as appropriate.
Paper based original art is wrapped in glassine paper or a clear cello sleeve. Matted artworks and unmatted works 11×14″ and smaller are padded and mailed in a sturdy flat mailer while unmatted works 16×20″ and larger are lightly rolled and mailed in a thick tube.
Returns & Refunds
Artwork
Every artwork, commission, and sale is handled with care, and as much clarity & transparency as possible.
All artworks are sent with tracking whenever possible and insurance to the value of the purchase price.
If your item arrives damaged or incorrect please take photos, keep the parcel and packaging and contact me within 48 hours of receiving your delivery. Do not delay! Once I have received the photos of damage or the item in question, we will come to an arrangement together to solve the issue, as appropriate. This may be an insurance claim, and arrangement to repair a hand created piece or replace a damaged reproduction print. Of course I will exchange an incorrect piece for the correct one at my expense. I aim to be as fair and reasonable as possible.
Items cannot be refunded due to change of mind.
However, an exchange can be arranged for items that are not hand-created, ie reproduction prints, provided the item is still sealed in the packaging it arrives in and is in resalable condition. Hand-created item examples are original art, commissions, customised items, and hand-created prints. Additional postage charges will apply for exchanges for change of mind.
You are always, ALWAYS, welcome to contact me for additional photos, detail or discussion before making a purchase.
Due to colours varying slightly from PC’s, Mac’s and Phones, the colours in your artworks may vary slightly to what you see on your screen. I do my best to make sure each item is represented as true to life as possible on my store listings so that you are receiving exactly what you are expecting! For this reason please choose carefully and read the full item description, including sizing before making a purchase. Thank you for understanding.
You will need to cover the costs for redelivery if there happens to be a return to sender, so please double check your address is correct when checking out.
workshops and events
Workshop and other event bookings are non-refundable but may be transferable for extended illness or on compassionate grounds. There is a 12 month expiry for any transferable booking to be used. You may use a transferred booking yourself or arrange to give it to someone else.
If a workshop or event is cancelled, participants will be notified and offered the choice of enrolment in a similar workshop or event, or a 100% refund.
Privacy
Personal and sensitive information that is collected is used strictly for providing the services associated with the item you have purchased or the newsletter you have subscribed to.
Your personal information is not shared with anyone except if it’s required in order to comply with the law, or protect my rights.
Newsletter
First things first, all spammers are evil and should be strung up by their sensitive bits.
I use MailChimp to manage my email newsletter because they are a reputable business that sticks to compliance of the CAN-SPAM Act 2003 and the GDPR. This means I can only have your email on my newsletter list with your explicit permission, there is an instant unsubscribe link provided at the bottom of every newsletter email automagically, and I can honour your request that your data be removed or corrected.
By subscribing you acknowledge that your information will be transferred to MailChimp for processing. Learn more about MailChimp’s privacy practices and GDPR compliance.
When shopping, Mailchimp keeps a record of your email and the cart contents for up to 30 days on their server. This record is kept to repopulate the contents of your cart if you switch devices or need to come back another day. Read their privacy policy here.
Website
Information is collected about you during the checkout process on the store. This is standard to enable the store to function.
What is collected and stored
While you visit the site, this is tracked:
Products you’ve viewed: used to, for example, show you products you’ve recently viewed
Location, IP address and browser type: used for purposes like estimating taxes and shipping
Shipping address: you’ll be asked to enter this so you can, for instance, be provided with an estimated shipping before you place an order, and send to receive the order!
Cookies are used to keep track of cart contents while you’re browsing the site, and to keep track of whether the newsletter popup appears has already appeared for you.
When you purchase from WhereFishSing, you’ll be asked to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. This information will be used for purposes, such as, to:
Send you information about your account and order
Respond to your requests, including refunds and complaints
Process payments and prevent fraud
Set up your account for the store
Comply with any legal obligations WhereFishSing has, such as calculating taxes
Improve the store offerings
Send you marketing messages, if you choose to receive them
If you create an account, your name, address, email and phone number, will be stored which will be used to populate the checkout for your future orders.
Information is generally stored about you only for as long as it’s needed for the purposes for which it is collected and used, and for long as WhereFishSing is legally required to continue to keep it. For example, order information is required to be stored for 7 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
Comments or reviews are also stored, if you choose to leave them.
Who on the team has access
Members of the team have access to the information you provide WhereFishSing. For example:
Order information like what was purchased, when it was purchased and where it should be sent, and
Customer information like your name, email address, and billing and shipping information.
Team members have access to this information to help fulfil orders, process refunds and support you.
What is shared with others
Information is shared with third parties who help WhereFishSing provide orders and store services to you;
Payments
Payments are accepted through Stripe and Afterpay. When processing payments, some of your data will be passed to these services, including information required to process or support the payment, such as the purchase total and billing information.
Please see the Stripe Privacy Policy and the Afterpay Privacy Policy Australia for more details
Media Consent
From time to time I run or participate in events – exhibitions, workshops and other happenings. This media consent section is to enable me to take photos, videos and other recordings of these events and the participants, attendees and bystanders. I use these recordings for posterity, for general promotion and promotion of future events, etc.
Note that I do endeavour to check in the moment, before taking a recording to give anyone there a chance to exit the recording frame if they do not wish to be recorded, but I cannot always guarantee this will happen or that I will be heard making this announcement!
The below is a bit legalese, but that is the gist of it.
Agreement to use of image, voice, biographical material and other information. By attending WhereFishSing events or submitting images:
- WhereFishSing may record my image, voice, biographical material or other information about me on photographs, or any other media for audio and visual only reproduction (‘the Reproduction’).
- WhereFishSing may use photographic, video, or digital images in which I appear, or in which my voice, biographical material or other information concerning me is used, in publications (including but not limited to brochures, booklets, videotapes, reports, press releases, websites, and exhibits) (‘the Publication’) for the purposes of education, information, promotion, public relations and fund-raising connected with WhereFishSing.
- The Publication and/or Reproduction will be edited at WhereFishSing’s sole discretion; WhereFishSing may incorporate any part of the recording of me in the Publication/Reproduction.
- I will not retain any rights, including copyright, or interest in the Publication/Recording.
- I will receive no payment for the use or recording of my image, voice, biographical material or other information by WhereFishSing.
I release and indemnify WhereFishSing from any loss, damage, cost, expense, or claim arising out of the use of my image, voice, biographical material or other information about me, including action for defamation, libelous material, breach of privacy, or copyright.
Terms of Service
OVERVIEW
This website is operated by WhereFishSing. Throughout the site, the terms “we”, “us” and “our” refer to WhereFishSing. WhereFishSing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is run on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WhereFishSing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless WhereFishSing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW Australia.
Agreement to Terms
By using this website and/or purchasing from WhereFishSing, you acknowledge and agree with the Terms and Conditions, and agree that your information can be processed in accordance with these conditions.
Updates
Please note that these Terms and Conditions may change from time to time and all updates will be posted on this page. If you are uncertain about any policy or term described, email first to put your mind at ease.
