Terms of Use

About Gemini Art & Design

Please review the following rules that govern the use of this website ("this Website") before using it. PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.

Although you may bypass this Agreement, your use of this Website still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website.

OWNERSHIP, COPYRIGHT AND TRADEMARK

This Website is operated by and is the property of Gemini Art & Design. The domain name lynnobrien.ca, trademarks, trade names, copyright and other intellectual property of lynnobrien.ca and geminiartdesign.com, its subsidiaries or affiliates.

Gemini Art & Design expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of Gemini Art & Design name, logo, mark or any other intellectual property in any manner.

The Gemini Art & Design Fulfillment System means Gemini Art & Design's software, logistics, procedures and know-how, and other assets that establish and maintain its ability to deliver the art work that it sells.

The Gemini Art & Design Payment System means custom point of sale system and its methods, procedures and technology used to process consumer sales as currently used in its business.

USE OF WEBSITE

This Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software. The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.

Gemini Art & Design reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Gemini Art & Design believes that customer conduct violates applicable law or is harmful to the interests of Gemini Art & Design or any third parties.

DELIVERY POLICY

The delivery policy outlined on this Website applies to addresses located in North America only. Gemini Art & Design reserves the right to use third party carriers at its sole discretion and without notice to the customer. If art work is purchased for delivery outside of North America, the customer must make their own delivery arrangements.

ACCESS

In its sole discretion, in addition to any other rights or remedies available to Gemini Art & Design and without any liability whatsoever, Gemini Art & Design at any time and without notice may terminate or restrict your access to any component of this Website.

PHOTOS OF PRODUCTS

We have made every effort to display as accurately as possible the actual photos of paintings that appear on this Website.

PRICING AND CREDIT

All references to dollars and cents on this Website are in Canadian dollars. Prices posted on this Website may differ from those posted in stores owned and operated or franchised by Gemini Art & Design.

Gemini Art & Design reserves the right to correct, at any time, any pricing errors and to refuse to complete a sale that is the subject of a pricing error.

Gemini Art & Design charges provincial sales tax to customers located in British Columbia, Canada.

ADDITIONAL TERMS

Additional terms may apply to purchases of paintings offered on this Website.

PRIVACY POLICY

You have read the Privacy Policy of Gemini Art & Design, the terms of which appear on this Website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by Gemini Art & Design in accordance with the terms of and for the purposes set forth in The Gemini Art & Design Privacy Policy.

LIABILITY DISCLAIMER

Except as explicitly provided in the foregoing paragraphs, Gemini Art & Design makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites, all of which are provided on an "as is" and "as available" basis. Gemini Art & Design does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Gemini Art & Design is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Gemini Art & Design assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, images, video or audio from the websites. In no event shall Gemini Art & Design be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the websites for purchases), of the performance or non performance by Gemini Art & Design, even if Gemini Art & Design has been advised of the possibility of damages by such parties or any other party.

INDEMNIFICATION

You shall indemnify and save harmless Gemini Art & Design and its officers, directors, trustees, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the websites.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada. You consent and submit to the exclusive jurisdiction of the courts and administrative tribunals, as the case may be, located in the City of Nanaimo, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Gemini Art & Design making such amendments or modifications available to it pursuant to the Terms and Conditions.

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